Justice of the Peace Clancy Jayne’s Political Activity

Posted by Michael Bryan

Is this a violation of Judicial Ethics Rules?

Rules 4.1 (A) (2) and (4) provide that a judge shall not make speeches on behalf of a candidate for public office (2) and nor take part in any campaign event other than his own (4).

Rule 4.1 (C) (2) provides that a judge may purchase tickets for a political dinner or similar event, but attendance at such functions must be restricted so as not to constitute a public endorsement of a candidate or cause.

How on earth does Justice of the Peace Clancy Jayne, who is a former Republican member of the State Legislature and former elected Precinct Committeeman for his party in LD 6, expect not only to appear at a breakfast with Rep. Ben Quayle as he kicks off his reelection campaign, but speak at it, and host, and pay for its publication without running afoul of the ethical rules? To anyone of reasonable intelligence and life experience, one look at this and they would assume that Judge Jayne is endorsing the re-election of Rep. Quayle. It's one thing for a judge to appear at a public event with a member of Congress, it is entirely another for that judge to pay for that event at which the only other political figure is a member of Congress… who is of the judge's own party… who is running for re-election.

The announcement contains the following disclaimer at the bottom:

Saying it's so, doesn't necessarily make it so, Judge Jayne. Any fool can see that your intent here is to endorse Ben Quayle and support his reelection campaign by your endorsing appearance with him, and your almost-certainly approving and supportive speech during the event.

The announcement appears on the website Politico Mafioso, a well-know Republican blog which claims to be "Leader of the McCain Mafia", as well as the Judge's own website. I can't imagine a more politicized forum on which to announce a supposedly 'independent' event that 'does not endorse' any candidate.

I wonder how many meanings the emphasis of the words "KICK OFF" in another part of the announcement might have?

Clearly, there is a connection to the appearance of Ron Wolfley (who is a football celebrity and sportscaster, though he was a running back, not a kicker, so…), and the commencement of the New Year just 5 days prior, but there is also a clear implication regarding Ben Quayle, as he is 'kicking off' his reelection bid.

The comments to the Judicial Ethics Rules provide some context and guidance for interpretation of the Rules. Relevant to this situation the following comments should be considered:

"1. Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate , a judge makes decisions based upon the law and the facts of every case. Therefore, in furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free and appear to be free from political influence  and  political pressure."

Locally elected JP's, especially when former elected political office-holders (like judge Jayne), often forget that they should no longer appear to be politicians. They should no longer play footsie with political office-holders. They can have political opinions, but expressing them through events such as this one are improper because they give the public the impression of political bias by the judge, which degrades respect for their offices, which are intended to be non-political, for obviousl reasons.

A rich irony in Judge Jayne's case is that he himself bemoans at length on his website how the politicization of our judiciary has undermined public trust in the institutions of justice. A little self-awareness might be in order, Judge Jayne.

Judge Jayne appears to not fully understand that taking his oath of office ended the sort of political role he was used to playing as a state legislator.

This sort of dancing next to the line of unethical political behavior is not unusual in elected Justices of the Peace, who tend to be much more political animals than appointed judges. Just ask Russell Pearce's brother, Justice of the Peace Lester Pearce, who got himself in similar hot water recently.

Finally, what is to be done with the proceeds of the event? Is the admission all going to pay for the venue and food? I certainly hope so, and Judge Jayne should make that clear to prevent the appearance that any violation of Rule 4.1(A)(6), prohibiting fundraising for any campiagn other than his own, might be occuring.

I think someone from Jayne's JP district really ought to attend this breakfast event Jayne has sponsored and see if he really doesn't do anything that might suggest endorsement of Rep. Quayle.

Then that person could decide whether to file a judicial ethics complaint if they see anything that might violate an ethical rule, like this one for ex parte communications for example, which resulted in a reprimand… against Judge Jayne.