One change makes an exception to the general rule prohibiting judges from commenting publicly on “a pending or impending proceeding in any court.” Now, judicial officers may make such comments “[i]n connection with a judicial election or recall campaign” if the comment concerns “a decision about which a judge has been criticized during the . . . campaign.” However, an advisory committee comment says a judge “should consider whether it may be preferable for a third party, rather than the judge, to respond or issue statements in connection with allegations concerning the decision.” This change might be called the Judge Persky rule.
Judges may now also oppose as well as endorse candidates for judicial office.
On the other hand, the Code now provides that a judge cannot post on Yelp or other social media sites to “comment on, recommend, or criticize businesses, products, or services . . . if it is reasonably likely that the judge can be identified as a judge.”