Congressional Campaign Employs Magistrate Judge
Effective May 25, 2010, Sen. David Thomas’ congressional campaign was employing a magistrate judge.
Jame F. Hicks III has been acting as Thomas’ political and communications director since June of 2009 for his congressional campaign. Which means during this time, his nomination was pending. We are still researching to find when Hicks was nominated and name submitted to Sanford’s office for approval.
Why is this a problem? It is a a direct violation of judges code of conduct. Hicks should have known for some time that he was nominated and probably should have ceased his political activities.
According to the Judges Code of Conduct, Canon 7:
CANON 7 A JUDGE SHOULD REFRAIN FROM POLITICAL ACTIVITY
- A judge should not:
- act as a leader or hold any office in a political organization;
- make speeches for a political organization or candidate or publicly endorse or oppose a candidate for public office;
- solicit funds for or pay an assessment or make a contribution to a political organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other functions.
- A judge should resign the judicial office when the judge becomes a candidate either in a primary or in a general election for any office.
- A judge should not engage in any other political activity; provided, however, this should not prevent a judge from engaging in the activities described in Canon 4.
Hicks website was taken down since his appointment on May 25th.. A cache of his website remains on the Google servers showing his political activities. You can view our screen capture here. Hicks collected $2400 in the first quarter of the year from the Thomas campaign according to FEC records.
We have a call outstanding to the campaign, in particular Mr. Hicks concerning his appointment. At the time of publication, Mr. Hicks did not immediately return our calls.
Senate Journal of Hicks Appointment
Sen. David Thomas Staffer Appointed Magistrate