May a judge use surplus campaign contributions to repay personal loans used for an earlier judicial campaign?

Plain-English summary

A judge had borrowed personally and contributed the proceeds to an earlier judicial campaign. The judge later had surplus funds from an unopposed reelection campaign and asked about retiring those earlier loans.

The Commission found that repaying the loans did not itself violate the Canons if the funds clearly reimbursed previous campaign expenditures. It read Canon 7B(1)(d)’s ban on private benefit as not barring reimbursement of the judge’s personal borrowing for that campaign.

Currency note

This opinion was issued in 1988, after the Alabama Supreme Court’s 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.

Common questions

Q: Could surplus funds repay the judge’s earlier campaign loans?

A: Yes, if the funds were clearly reimbursing actual expenditures from the previous campaign.

Q: Did the opinion allow unrestricted personal use of campaign contributions?

A: No. It quoted Canon 7B(1)(d)’s prohibition on using campaign contributions for the judge’s private benefit.

Background and rules framework

The opinion applies Canon 7, including Canon 7A(1) on appropriate political activity and Canon 7B(1)(d) on private use of campaign contributions.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 7
• Canon 7A(1)
• Canon 7B(1)(d)

See also

• AL Judicial Ethics Op. 88-330: Campaign Letter to Former Jurors

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 88-334
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

88-334
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
May 2, 1988
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a circuit court judge may use unspent campaign contributions to repay prior loans associated with a previous campaign. Under the facts presented, the judge personally borrowed money and contributed the proceeds to his own campaign for election to circuit judge. The money has thus far not been replaced or reimbursed. In the present election, the judge is running for re-election unopposed and has a surplus of campaign funds. The question now presented is whether the surplus campaign funds may be used to retire the loans taken out to pay for the earlier campaign. It is the opinion of the Commission that the above described use of surplus campaign funds does not in and of itself violate the Alabama Canons of Judicial Ethics. Campaign activities are governed primarily by Canon 7 of the Alabama Canons of Judicial Ethics. That Canon provides in pertinent part that: “A Judge Should Refrain From Political Activity Inappropriate to His Judicial Office.” The Canon further provides under 7A(l): “A judge ... should endeavor at all times to refrain from political activities inappropriate to the judicial office that he holds or seeks.” And, 7B(l)(d) provides that a judge: “Should not use or permit the use of campaign contributions for the private benefit of himself.” This last provision prohibits personal use of campaign funds. The Commission does not believe that this provision is intended to prohibit the judge from using these funds to repay loans taken out by the judge personally to finance a previous campaign. So long as it is clear that the funds are being used to reimburse previous campaign expenditures,,the use of such funds to repay loans that the judge personally took out to pay for the prior campaign would not violate this canon.