Credit: Mike Scarcella/ ALM

California judges will soon be able to talk about pending cases that become hot topics in election or recall campaigns without running afoul of state judicial canons.

In a filing recorded Monday, the state Supreme Court approved a series of amendments to the California Code of Judicial Ethics, including the language that loosens restrictions on judges speaking about current matters. The changes take effect on July 1.

Although Judge Aaron Persky was never specifically mentioned in the proposed rule change, that particular amendment was a nod to the former Santa Clara County Superior Court judge. Voters recalled Persky in 2018 after he sentenced a Stanford University swimmer found guilty of sexual assault to six months in jail. Persky's allies said he couldn't respond directly to criticism of his sentence because of the existing gag rule.

"Voters will be able to receive and evaluate all information before casting their ballots in judicial elections, including recalls," Justice Richard Fybel of the 4th District Court of Appeal, chairman of the Advisory Committee on the Code of Judicial Ethics, said in a statement.

"They will be able to hear a judge defend a ruling when that ruling is at issue. The amendments permit a more open and fair exchange of all views at a time when contested judicial elections and recalls have become more common," Fybel said.

The amended rules will allow judges to speak about cases only when they are the subject of criticism in election or recall campaigns and only if "the comment would not reasonably be expected to affect the outcome or impair the fairness of the proceeding."

The rule change had the backing of the California Judges Association and the Alliance of California Judges.

The court also approved other changes to the canons:

• Judges will be barred from criticizing businesses, products or services on internet sites such as Yelp or TripAdvisor "if it is reasonably likely that the judge can be identified as a judge."

• New language clarifies that judges can raise funds from retired judges who are not serving in the temporary assigned judges program, practicing law or providing mediation or arbitration services.

• Advisory committee commentary included with Canon 5 now says judges will be allowed to oppose, and not just endorse, judicial candidates.