RESOLUTION COSPONSORING THE AMERICAN BAR ASSOCIATION'S RECOMMENDATIONS TO AMEND PORTIONS OF THE ABA MODEL CODE OF JUDICIAL CONDUCT

WHEREAS, the American Bar Association has proposed amendments to its Model Code of Judicial Conduct in response to the Supreme Court decision in Republican Party of Minnesota v. White (122 S. Ct. 2528) concerning judicial candidates' right to free speech during an election campaign; and

WHEREAS, the ABA proposal provides details of the restricted speech: "with respect to cases, controversies or issues that are likely to come before the court" and provides a declaration of what is being protected by restricting candidates' speech: that which is "inconsistent with the impartial performance of the adjudicative duties of the office".

NOW, THEREFORE BE IT RESOLVED, that the Philadelphia Bar Association recommends the adoption of the amendments to the ABA Model Code of Judicial Conduct (1990) as dated August 2003.

AND BE IT FURTHER RESOLVED that the Philadelphia Bar Association's ABA Delegates are hereby authorized to communicate this position at the ABA 2003 Annual Meeting.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: July 24, 2003