COBAR June 6, 1964

Can lawyers contribute to and solicit funds for a judicial candidate's campaign, and what campaign tactics are off-limits?

Short answer: The opinion concluded that lawyers may contribute reasonable amounts to judicial-campaign funds and solicit contributions from others, but may not give or receive excessive contributions or ones suggesting an attempt to gain a judge's favor, and that a campaign manager may not have lawyers sign and return endorsement postcards for mailing, which violates the judicial and professional canons.

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This page answers the general question as of 1964. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.

View original ethics opinion (PDF)

Plain-English summary

Opinion 33 (adopted June 6, 1964) addressed a lawyer running for judicial office whose campaign manager, also a lawyer, wished to make and solicit gifts to the campaign fund and to send other members of the bar endorsement postcards to address, sign, and return to the manager for mailing.

The Committee concluded that lawyers have a particular obligation to assist in selecting well-qualified judges (Professional Canon 2), but must do so in a way that cannot be construed as an attempt to exert personal influence on the court (Professional Canon 3). Lawyers may contribute to judicial-campaign funds if the contributions are reasonable and not tainted by a motive to influence the judge in office or in appointing receivers, referees, trustees, or masters. Because a judge may not receive gifts from lawyers (Judicial Canon 32) and lawyers may not make such gifts (Professional Canon 3), contributions must go to a campaign fund managed by others, with the committee spending the money and paying none of it to the candidate, so it does not become a conduit. Lawyers may solicit such contributions from the bar and the public under the same limits. A lawyer may send endorsement postcards or pamphlets to people with whom he has an established professional or personal relationship; wider distribution that identifies the sender as a lawyer violates Professional Canon 27 (advertising). The campaign manager may not, however, ask that the postcards be signed or addressed and returned to him for mailing, because that creates an inference of using the power and prestige of judicial office in violation of Judicial Canon 30, and the manager's participation is equally unethical under Professional Canon 32, even if the candidate is not yet a judge. The opinion added that a judge may not solicit endorsements or his own campaign funds and should ordinarily leave promotion to others.

Currency note

This opinion was issued in 1964 under the former Canons of Professional Ethics and the Canons of Judicial Ethics, before the Colorado Rules of Professional Conduct took effect on January 1, 1993, and before Colorado's 2008 revisions to those rules. The conduct of lawyers in judicial campaigns and the conduct of judicial candidates are now governed by the current Rules of Professional Conduct (including Rule 8.2) and the Colorado Code of Judicial Conduct, whose contribution and solicitation provisions differ from the 1964 canons. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific limitation mentioned here.

Common questions

Q: Can a lawyer contribute to a judicial candidate's campaign?

A: Yes, within limits, under this opinion. The Committee concluded lawyers may contribute reasonable amounts that are not excessive and not motivated by a desire to influence the judge, and that the contributions must go to a committee-managed fund rather than to the candidate directly.

Q: Can lawyers solicit campaign contributions for a judicial candidate?

A: Yes, under this opinion, subject to the same limits. The Committee concluded lawyers may solicit reasonable, non-favor-seeking contributions from other members of the bar and the public.

Q: What campaign tactic did the opinion specifically forbid?

A: The opinion concluded the campaign manager may not ask lawyers to sign and address endorsement postcards and return them to him for mailing, because that creates an inference of trading on the power and prestige of judicial office in violation of Judicial Canon 30 and Professional Canon 32.

Background and rules framework

The opinion applied the Canons of Professional Ethics (Canons 2, 3, 27, and 32) and the Canons of Judicial Ethics (including Canons 30 and 32). The modern analog for the lawyer-conduct dimension is Model Rule 8.2 (judicial and legal officials), read together with the Colorado Code of Judicial Conduct governing judicial candidates. The Committee also cited ABA Opinions 105 (1934) and 139 (1935) and N.Y. County Opinion 304 (1933).

Citations and references

Rules of Professional Conduct:

Colo. RPC 8.2 / Model Rule 8.2 (judicial and legal officials; the modern lawyer-conduct analog)

Other opinions cited:

ABA Committee on Professional Ethics Opinion 105 (1934) (a judge may not solicit endorsements)
ABA Committee on Professional Ethics Opinion 139 (1935) (a judge should stand on his record)
N.Y. County Opinion 304 (1933) (a judge may not solicit his own campaign funds)

Source

Landing page: https://www.cobar.org/ethicsopinions
Original PDF: https://www.cobar.org/Portals/COBAR/repository/ethicsOpinions/FormalEthicsOpinion_33_2011.pdf

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