ISBA Judicial Advisory Polls Manual

October 2020

Part I: Preface

  • 1.01 - Introduction
  • 1.02 - Purpose
  • 1.03 - Policy

Part II: Organization of the Committee

  • 2.01 - Appointment of the Committee
  • 2.02 - Meetings
  • 2.03 - Attendance
  • 2.04 - Quorum
  • 2.05 - Majority Rule

Part III: Scope of Polling

  • 3.01 - Scope of Polling
  • 3.02 - Names of Candidates
  • 3.03 - Notice to Candidates
  • 3.04 - Permission of Candidates

Part IV: Conduct of Polls

  • 4.01 - Conduct of Polls
  • 4.02 - Joint Polling
  • 4.03 - Those Authorized to Vote
  • 4.04 - Ballot Delivery
  • 4.05 - Form of Ballots
  • 4.06 - Tabulation of Ballots
  • 4.07 - Retention of Polling Records
  • 4.08 - Board Approved Advertising

Part V: Evaluation of Candidates

  • 5.01 - Balloting
  • 5.02 - Scoring

Part VI: Release of Results

  • 6.01 - Release of Results:  Supreme, Appellate, Circuit Judges – Election and Retention and Associate Judge Reappointment
  • 6.02 - Release of Results – Associate Judge Appointment
  • 6.03 - Exception to Release
  • 6.04 - Disclosure of Ballot Totals

Part VII: Complaint Procedures

  • 7.01 - Complaint Procedure – Definitions
  • 7.02 - Complaint Procedures
  • 7.03 - Response by Chair
  • 7.04 - Complaint Resolution Sub-Committee, Appointment Thereof
  • 7.05 - Call for Hearing before Complaint Resolution Sub-Committee
  • 7.06 - Jurisdiction of the Sub-Committee
  • 7.07 - Supplemental Tabulation
  • 7.08 - Hearing
  • 7.09 - Standards for Relief and Remedies
  • 7.10 - Review

Part VIII: Candidates Use of the Poll Results

  • 8.01 - Acceptable Language for Candidate Use in Reporting Judicial Advisory Poll Results
  • 8.02 - Unacceptable Language for Candidate Use in Reporting Judicial Advisory Poll Results
  • 8.03 - Comment Regarding Sections 8.01 and 8.02
  • 8.04 - Illustrations of Acceptable Language for Candidate Use
  • 8.05 - Illustrations of Unacceptable Language for Candidate Use
  • 8.06 - Notice of Part VIII

Part I: Preface

June 2018

Section 1.01 - Introduction

The Judicial Advisory Polls Manual has been developed to provide the necessary criteria for the conduct of judicial advisory polls on candidates for election, retention, or appointment to judicial office.

Section 1.02 - Purpose

The purpose of the Committee on Judicial Advisory Polls is to study, formulate, and recommend the occasion for and methods of conducting advisory polls of members of the bar on qualifications of candidates for judicial office, and to supervise and conduct such polls in accordance with policy and procedure established by the ISBA.

Section 1.03 - Policy

It is the policy of the ISBA that in order to improve the quality of the judiciary and the administration of justice, a polling and rating system shall be established by the ISBA which shall poll and rate all candidates for election, retention, or appointment to judicial office. 

The Board of Governors, Illinois State Bar Association, hereby adopts the following procedures, ballots, electronic ballots, and forms for the conduct of judicial polls. (amended October 2020) 

 

Part II: Organization of the Committee

Section 2.01 - Appointment of the Committee

The Committee shall consist of a Chair, Vice-Chair, Secretary and not less than thirteen additional members, appointed by the ISBA President-Elect.

Section 2.02 - Meetings

Meetings of the Committee shall be called by the Chair of the Committee for the purpose stated in this manual.

Section 2.03 - Attendance

Committee members should attend all Committee meetings.  Those members absent for two unexcused consecutive meetings may be subject to replacement at the recommendation of the ISBA President. 

Section 2.04 - Quorum

A quorum shall consist of 50% plus one of the members present.

Section 2.05 - Majority Rule

Any changes in polling procedures of, or to this manual shall require a majority vote of the members present; however, in no case shall a change be adopted with less than six affirmative votes.  Any changes of substance to this Manual, polling procedures, or policies shall be with the advice and consent of the Board of Governors.

 

Part III: Scope of Polling

Section 3.01 - Scope of Polling

Except as provided below, a poll shall be conducted on all candidates for election, retention, or appointment to the office of:

  • Judge of the Supreme Court
  • Judge of the Appellate Court
  • Judge of the Circuit Court
  • Associate Judge

No poll shall be conducted for any candidate seeking to fill a judicial vacancy by appointment of the Supreme Court unless so requested by the Supreme Court. 

No poll shall be conducted for any candidate for election, retention, or appointment to any judicial office in the First District unless authorized by the Board of Governors.

No poll shall be conducted on the question of retention in office of an elected judge who has not filed for retention pursuant to Article VI, Section 12(d) of the Constitution of Illinois, 1970, or of an associate judge who has not filed for reappointment pursuant to Rule 39(c)(1) of the Rules of the Supreme Court.

No poll shall be conducted on any candidate for election, retention, or appointment to any judicial office if his or her name has been officially withdrawn as a candidate and the withdrawal has been accepted by the State Board of Elections in a primary or general election, or by the Secretary of State, Index Department, in a retention election.  If Committee ballots have been printed prior to receiving formal notification of withdrawal, ballots shall be mailed but no tabulation or public release of poll results will be made as to the candidate who has withdrawn.  If Committee ballots have been printed or electronic ballots created prior to receiving formal notification of withdrawal, paper and electronic ballots shall be distributed, but no tabulation or public release of poll results will be made as to the candidate who has withdrawn.

No more than one poll shall be conducted on a candidate for the same judicial office during the same election year.

Section 3.02 - Names of Candidates

Names of candidates for election, retention, or appointment to judicial office for which a poll is to be conducted shall be obtained by the Committee from the appropriate authorities. 

Section 3.03 - Notice to Candidates

Each candidate for election, retention, or appointment to a judicial office for which a poll is to be conducted shall be provided with notice of the poll at or before the time the Committee ballots are distributed.

Section 3.04 - Permission of Candidates

The permission of a candidate for the conduct of a poll is not required.

 

Part IV: Conduct of Polls

Section 4.01 - Conduct of Polls

A.     Supreme, Appellate, and Circuit Judges – Election and Retention

A poll on candidates for nomination as supreme, appellate, or circuit judge in a primary election shall be conducted prior to the primary election.

A poll on candidates nominated as supreme, appellate, or circuit judge for which no poll was conducted prior to the primary election shall be conducted prior to the general election.  

A poll on candidates seeking retention as supreme, appellate, or circuit judge shall be conducted prior to the retention election. 

Internal Timetable:  Ballots shall be distributed to those eligible to vote approximately sixty-three days prior to the election for which the poll is conducted.  Ballots shall be returned to the Committee approximately forty-two days prior to the election.  Electronic ballots shall be cast and paper ballots shall be received by the Committee approximately forty-two days prior to the election.  Tabulation shall be completed no later than twenty-eight days prior to the election.

B.     Associate Judge – Reappointment

A poll on candidates seeking reappointment as an associate judge shall be conducted prior to the election.

Ballots shall be distributed to those eligible to vote in accordance with dates established by Supreme Court guidelines.  Electronic ballots shall be cast and paper ballots shall be received by the Committee in accordance with established dates. 

C.     Associate Judge Appointment

The chief judge of any circuit may request a poll be conducted by the Committee on all candidates for appointment to the office of associate judge. 

Ballots shall be distributed to those eligible to vote within three days of verification of a poll by the chief judge.  The timeframe to cast and tabulate ballots will be determined by the Committee in cooperation with the chief judge.  

Section 4.02 - Joint Polling

When a joint poll is conducted with a local bar association, established policies and procedures as outlined in this manual may be somewhat altered as agreed upon between the two entities so long as modifications do not adversely affect the statistical validity of the poll or policy.  Joint polling will be conducted with established local bar associations on record, and any other local bar associations interested in participating.  Joint polling will be conducted on circuit court election and retention, associate judge retention, and when requested, on associate judge appointment. 

Section 4.03 - Those Authorized to Vote

Paper or electronic ballots shall automatically be distributed to ISBA members in good standing within the circuit or district in which an election is to be held.  In addition, any Illinois licensed attorney having sufficient knowledge of a candidate may request a ballot.  This request must come directly from the attorney requesting the ballot and must be made at least seven (7) days prior to the return date of the ballots.  The request must include the attorney’s name, mailing address, telephone number, signature, ARDC number, and e-mail address (if requesting an electronic ballot).  Requests must be in writing and may be mailed to the Illinois State Bar Association, 424 South Second Street, Springfield, IL  62701, faxed to 217/525-0420 or requested via internet (https://www.isba.org/judicialevaluations). Requests by phone will not be accepted.  The identity of an attorney who has requested or voted via paper or electronic ballot will not be disclosed at any time.

Section 4.04 - Ballot Delivery

Paper and electronic ballot notification with instructions and links, shall be distributed to ISBA members registered within the circuit or district from which a vacancy, retention, reappointment, or appointment occurs.  Electronic ballot notification with instructions and links shall be directed to the ISBA member’s e-mail address appearing on the records of the ISBA. Paper ballots will be sent to members for whom the ISBA does not have a valid functioning email address.

Section 4.05 - Form of Ballots

Both paper and electronic ballots for polling all candidates for election, retention, or appointment to judicial office shall be in substantially the same form as found in Appendix A and B of this manual. The electronic ballot shall be considered to be in the same form so long as it uses the same questions in the same order as those found in Appendix A and B.

Section 4.06 - Tabulation of Ballots

The ISBA or its designated polling service provider shall record and count the votes. At the conclusion of the voting period any irregularities, questions, or concerns arising from the receipt of any ballot or vote identified by the ISBA or its designated polling service provider shall be promptly referred to the Committee tellers for resolution consistent with the Judicial Advisory Polls Manual.

Section 4.07 - Retention of Polling Records

All ballots, ballot certificates, computer printouts, electronic date, and tally sheets shall be impounded by the Committee in a secure location and shall be destroyed one year after the election.  Raw data used to calculate poll scores shall be preserved in Excel or another standard computer file format for purposes of conducting research on the poll itself. 

For the primary election, retention election, and associate reappointment polls, the following historical records shall be maintained for research purposes

  1. press releases
  2. sample ballots
  3. chronological record of all changes in polling procedure

Section 4.08 - Board Approved Advertising

Authorization to purchase paid advertising is hereby given to the Committee with advice and consent of the Board of Governors, for the purpose of giving public notice of polling and advertising judicial ratings in newspapers in counties other than Cook.  The Board of Governors may direct that other such paid advertising concerning judicial polling be made as it deems appropriate. 

 

Part V: Evaluation of Candidates

Section 5.01 - Balloting

Each respondent shall certify that he/she is licensed to practice law within the State of Illinois, has read the instructions for the poll, and has evaluated the candidate(s) SOLELY ON THE BASIS OF DIRECT KNOWLEDGE OF A PROFESSIONAL NATURE. Respondents voting via paper shall sign a Ballot Certification in substantially the same form as found in Appendix C of this manual.  Those voting electronically shall check a box that states the same information on the Ballot Certification:  I am licensed to practice law within the State of Illinois and hereby affirm that I have evaluated the candidates SOLELY ON THE BASIS OF DIRECT KNOWLEDGE OF A PROFESSIONAL NATURE.

Each respondent shall be asked to indicate whether he/she has sufficient knowledge as to the qualifications of the candidate for judicial office to be able to give a fair and informed opinion as to those qualifications.  A respondent should answer “Yes” if the respondent is able to give a fair and informed opinion.  A respondent who does not have sufficient knowledge as to the qualifications of the candidate should answer “No” and move to the next candidate on the ballot.

Each respondent shall answer “Yes” or “No” for each question on the Committee ballot for which the respondent has sufficient knowledge as to those qualifications.  If a respondent does not have sufficient knowledge on a particular question, the respondent shall leave that question blank.  A respondent should return a paper ballot or cast an electronic ballot even if:  (a) no question relative to the candidate has been answered on the ballot, and (b) a respondent lacks sufficient knowledge as to a candidate’s qualifications.

Section 5.02 - Scoring

The percentage of “Yes” responses for each question shall be calculated by adding the number of “Yes” responses and then dividing that number by the total number of responses.  Questions left blank (no opinion on that particular question) shall not be considered as responses in calculating the percentages.  Only one vote shall be counted from any respondent who inadvertently votes by both paper ballot and electronic ballot. The vote(s) appearing on the ballot first received will be counted.

 

Part VI: Release of Results

Section 6.01 - Release of Results:  Supreme, Appellate, Circuit Judges – Election and Retention and Associate Judge Reappointment

Each candidate polled will be provided with their results of the poll, which will consist of their individual scores on each question, and a rating of “Recommended” or “Not Recommended.”  Those receiving a score of 65.00% or above on Question #8 will be rated as “Recommended.”  Those receiving a score less than 65.00% on Question #8 will be rated as “Not Recommended.”  Results will be sent to each candidate by regular USPS mail at least seven days prior to the public release of results.  Results for those candidates receiving a “Not Recommended” rating will be sent to the candidate via over-night mail. 

If a candidate has been polled prior to the primary and results were not released due to the candidate’s withdrawal, but he or she later becomes a candidate for judicial office in the election for which the poll was taken, the results of the poll will be released prior to the general election. 

Results of all polls conducted for the circuit judge election or retention will be sent to the respective chief judge of that circuit. 

A public release of results will be made approximately twenty-one days prior to the election and shall include the following language:

The advisory poll is conducted electronically and by mail and is sent to all ISBA members in the circuit or district from which a candidate seeks election.  Illinois licensed attorneys who are not members of ISBA, or any Illinois licensed attorney outside the circuit or district, may request a ballot.  Opinions expressed in the poll are of those attorneys who chose to respond and do not reflect the opinion of the ISBA or the opinion of all Illinois attorneys.

Poll results on appellate and supreme court candidates will be given to the ISBA Judicial Evaluations Committee within a mutually agreed upon time frame.  This time frame shall provide ample time for an appeal process. 

Section 6.02 - Release of Results – Associate Judge Appointment

The chief judge shall inform the ISBA at the time of the request of the poll if the poll results are to be released to the public.  If the poll is to be made public, the candidates shall have the ability to withdraw their applications within forty-eight hours after an email is sent to the candidate containing the bar poll results, which will be sent to each candidate’s email address.  If a candidate withdraws his/her application, those bar poll results as to that candidate will not be made public by any source.  Once the forty-eight- hour time period had passed, the ISBA will release the bar poll results by posting those results on the ISBA website. 

Section 6.03 - Exception to Release

Poll results shall not be released:

Circuit/District Ballots Distributed Candidate Minimum Opinionated Ballots

Less than 1,000

  30

  1,000 – 1,999

  60

  2,000 – 2,999

  90

  3,000 – 4,999

120

  5,000 – or more

150

  1. When a candidate withdraws his or her name from consideration so that their name does not appear on the election ballot, or has had his or her resignation accepted by the Supreme Court, if said events occur prior to public release;
  2. When a candidate withdraws his or her name from retention and said withdrawal is accepted and confirmed by the Index Department, Secretary of State’s Office and received prior to the public release; and
  3. When the following requirements are not achieved:
  4. When the following requirements on individual questions are not achieved:
    If a candidate receives between 100% and 120% of the minimum number of ballots required for release of scores, the candidate’s individual ballots shall be reviewed.  Any ballots marked “yes” on the question of familiarity, but offering no other responses to any other question, shall not be counted as opinionated ballots, and the candidate’s scores shall not be released if the removal of such ballots reduces the candidate’s total below the required minimum.  Additionally, the total number of responses to each question shall be tallied, and if any individual question received fewer responses than the minimum ballot-count requirement, the score for that question shall not be released.
  5. When anyone other than the candidate requests prior poll results:
    A candidate’s Poll results from prior elections may only be released to the individual candidate.  Prior Poll results may not be released to any chief judge, media outlet or other individual. 

Section 6.04 - Disclosure of Ballot Totals

Any release of results to a candidate, to a chief judge, or to the public shall include the total number of opinionated ballots for each candidate whose results are being released. 

 

Part VII: Complaint Procedures

Section 7.01 - Complaint Procedure – Definitions

Complaint – A written communication transmitted to the Committee on Judicial Advisory Polls by a candidate for election, for retention, or for appointment to judicial office who was subject to a poll by the Committee, requesting relief as to the results of such persons polled.  Such a complaint shall set forth the nature of the relief requested and state the complainant’s claim with specificity.  If the complaint pertains to the conduct of others, names, addresses, and telephone numbers shall be set forth.

Inquiry – Any communication, other than a complaint, directed to the Committee on Judicial Advisory Polls, regarding the judicial poll.

Chair – The Chair of the Committee on Judicial Advisory Polls.

Section 7.02 - Complaint Procedures

  1. Any candidate for judicial office who was subject to a poll by the committee
    on Judicial Advisory Polls and received a “Not Recommended” rating, may file a written complaint requesting a hearing no later than three days after receipt of the poll results.
  2. All Complaints shall be filed with the Committee on Judicial Advisory Polls,
    Illinois State Bar Association, 424 South 2nd Street, Springfield, IL 62701, fax 217-525-0420 and shall set forth the nature and factual basis of the complaint, as set forth in Section 7.09 A and/or B) and the relief requested.  At the time of the transmittal of such written complaint, the complainant shall also notify the Committee liaison by telephone at 217-525-1760, of such complaint to facilitate the processing thereof. 
  3. After a complaint has been officially filed and received, a candidate shall have a
    right to a composite breakdown of all ballots, question by question, pertaining to his or her candidacy, but shall have no right to view, copy, or observe the actual ballots.   

Section 7.03 - Response by the Chair

  1. The chair, or designee, shall respond to an inquiry within one business day after receipt thereof. 
  2. The chair, or designee, shall respond to a complaint within one business day from the receipt thereof, with the explanation that the complainant may have a hearing before the Complaint Resolution Sub-Committee as provided herein.  The chair shall not have the authority to grant any relief sought. 

Section 7.04 - Complaint Resolution Sub-Committee, Appointment Thereof

Upon receipt of a request for a hearing before the Complaint Resolution Sub-Committee, the chair shall appoint a sub-committee consisting of three members from the Committee on Judicial Advisory Polls, and shall designate a chair thereof.  No committee member residing in the same circuit/district as the complainant shall be appointed to the Sub-Committee. 

Should a complaint be filed as a result of a joint poll, the sub-committee may consist of one representative of the local bar association and two representatives from the ISBA. 

Section 7.05 - Call for Hearing Before Complaint Resolution Sub-Committee

Within three working days of receipt of a written complaint requesting a hearing before the Complaint Resolution Sub-Committee, the chair of the sub-committee shall hold a hearing on the complaint.  The chair shall give at least 24 hours notice by telephone to the members of the sub-committee and complainant.  Telephone communication between the complainant and chair or staff liaison for the purpose of facilitating the date and place of hearing and other procedural matters is encouraged. 

Section 7.06 - Jurisdiction of the Sub-Committee

The sub-committee shall have original jurisdiction of all complaints filed by judicial candidates concerning the Judicial Advisory Polls.

Section 7.07 - Supplemental Tabulation

The results of a separate tabulation of non-ISBA members/out of circuit requests for ballots within a circuit/district, will occur only when:

  1. A candidate has filed a complaint regarding individual results, AND;
  2. Such ballots comprise at least 20% of the total number of opinionated ballots returned for that candidate filing an appeal. 

Candidates are expressly prohibited from being present during any phase of the ballot tabulation process. 

Section 7.08 - Hearing

All hearings shall be conducted at the Illinois Bar Center in Springfield, unless the chair of the sub-committee directs otherwise.  The complainant may present relevant evidence concerning the complaint, and has the burden of proof by clear and convincing evidence as to the allegations of the complaint.  The rules of evidence shall not apply.  Any two members shall constitute a quorum, and a majority vote is required on all matters before the sub-committee.  The chair of the sub-committee shall rule on all objections during the hearing.  Nothing in these rules shall prevent the sub-committee from calling additional witnesses.  The hearing, with the exception of deliberations of the sub-committee, shall be recorded after oral consent of all participants.  Any participant failing to consent to the recording shall not participate in the hearing.  The record shall consist of a tape recording and any documents filed at the hearing, and shall be retained by staff for a period of one year.  The complainant, the Committee on Judicial Advisory Polls, Complaint Resolution Sub-Committee, Executive Director, and Board of Governors of the ISBA, shall have access to the records as may be requested. 

Section 7.09 - Standards for Relief and Remedies

It shall be presumed that any poll being reviewed was done in proper manner and the results are valid.  If the complainant proves by clear and convincing evidence that there has been:

  1. an irregularity in procedure in conducting the poll as provided by the manual, or
  2. a substantial and improper influence on the poll, sufficient to allow the sub- committee to conclude that the results of the poll as to that complainant are unreliable then the sub-committee shall be authorized to grant the following relief:
    1. withhold a general release as to that complainant,
    2. deny the complainant’s request, or
    3. grant other relief as may be appropriate.

At the conclusion of the hearing, the sub-committee shall deliberate in closed session and immediately thereafter without adjournment, arrive at its decision, and transmit the decision orally to the complainant if still present.  The decision shall be reduced to writing and filed in the records of the Committee on Judicial Advisory Polls. 

Section 7.10 - Review

  1. If a complainant or any member of the hearing sub-committee desires a review
    of the sub-committee’s decision with the Committee on Judicial Advisory Polls, the complainant or the sub-committee member seeking review has a right to have the decision of the sub-committee reviewed by a committee of the Board of Governors of the ISBA.  The request for review shall be in writing and shall set forth the nature and factual basis of the complaint, a short summary of the evidence, and reasons for disagreement with the decision of the sub-committee.
  2. The Chair shall notify the President of the ISBA, who shall appoint immediately
    three members of the Board of Governors, outside circuit or district, to review the decision of the sub-committee subject to the standards and burden of proof set forth in Section 7.09 A and/or B.  The review shall be a de novo review, and that review shall consist solely of the recording, any documents that were presented to the sub-committee, and the decision of the sub-committee.
  3. The committee of the Board of Governors shall, within three days after receiving
    the matter for review, file a written finding with the Board of Governors, and transmit copies of such findings to the complainant and to the Chair of the Committee on Judicial Advisory Polls.  The reviewing committee, subject to the standards and burden of proof set forth in Section 7.09 A and/or B may affirm the findings of the sub-committee or reverse such findings, and if so reversed, set forth a directive to the Committee on Judicial Advisory Polls as to the resolution of the complaint.

 

Part VIII: Candidates Use of the Poll Results

Section 8.01 - Acceptable Language for Candidate Use in Reporting Judicial Advisory Poll Results

Candidates for judicial office may make comments about the ISBA Judicial Advisory Poll results that are factually accurate.  Statements which are factually accurate include statements:

  1. That the poll is administered by the Illinois State Bar Association, ISBA;
  2. That the candidate has been rated as recommended in the ISBA Judicial Advisory Poll,
  3. The percentage rating that the candidate received for meeting requirements of office or any other category, or
  4. The percentage rating that an opponent received for meeting requirements of office or any other category.

Section 8.02 - Unacceptable Language for Candidate Use in Reporting Judicial Advisory Poll Results

Candidates for judicial office may not make comments that are factually inaccurate. Statements that are factually inaccurate include statements:

  1. That state or suggest that the rating is an endorsement by the ISBA;
  2. That state or suggest that the results are a ranking of the candidates, or
  3. That state or suggest the ISBA rated and/or ranked candidates for judicial office.

Section 8.03 - Comment Regarding Sections 8.01 and 8.02

The purpose of the ISBA Judicial Advisory Poll is to solicit information from attorneys that possess knowledge of a judicial candidate’s professional qualifications as to whether a judicial candidate is qualified for judicial office.  The results of the ISBA Judicial Advisory Poll reflect only the opinions of the attorneys responding to the ISBA Judicial Advisory Poll, not that of the ISBA nor the opinion of all Illinois licensed attorneys.  It is therefore improper to suggest that the ISBA has taken a position with regard to any candidate.  Further, because the attorneys responding to a particular candidate are not always the same, the results reflect no ranking of the candidates.  It is therefore improper to suggest that one candidate has been ranked higher or lower than another candidate. A violation of this Rule may constitute a violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct and/or Rule 67 Canon 7A(d)(ii) of the Illinois Code of Judicial Conduct

Section 8.04 - Illustrations of Acceptable Language for Candidate Use

Illustrations of acceptable language:

  1. “A bar poll administered by the ISBA has rated Candidate to be qualified.”
  2. “A poll of lawyers familiar with individual candidates, which poll is administered by the ISBA, has rated the Candidate to be qualified.”
  3. “95% of those responding to a bar poll about Candidate have found him/her to be qualified.”  (This is factually accurate because the rating is based on a percentage that is based on the number of individuals that have responded

Section 8.05 - Illustrations of Unacceptable Language for Candidate Use

Illustrations of language that are not acceptable:

  1. “95% of those responding to a bar poll of the candidates for judge have found the Candidate to be qualified.”  (This is inaccurate if it is only the rating that the candidate has since the rating is not based on all those that respond.)
  2. “The ISBA has ranked Candidate to be most qualified candidate.”  (This is not true because it is not an ISBA ranking and because the poll is not conducted to rank candidates).
  3. “The ISBA has endorsed Candidate.” (This is not true because no candidates are endorsed).
  4. “Candidate has the highest ranking.” (This is not true because the rating is not a ranking).

Section 8.06 - Notice of Part VIII

This Rule shall be provided to each candidate who is running for a judicial elective office at the time that the candidate is provided with the results of a poll pursuant to section 6.01 of the Judicial Advisory Polls Manual.