May a judge donate excess campaign funds to a charity?
Apply this to your situation
This page answers the general question as of 1993. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
The judge asked about donating leftover campaign funds to a charity with which the judge was not involved. The Commission permitted the donation under its 1993 reading of Canon 7B(1)(d), which barred private benefit from campaign contributions.
The opinion conditions the donation on no judge involvement in the charity’s management or control, no private benefit to the judge or family, and no personal charitable deduction claimed by the judge.
Currency note
This opinion was issued in 1993, 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: May excess funds be donated to any charity?
A: The opinion permits a donation where the judge has no connection to management or control of the recipient charity.
Q: May the judge claim a personal tax deduction?
A: No. The Commission says the judge may not claim a charitable deduction on the personal return.
Q: Does private benefit include family?
A: Yes. The opinion expressly extends its private-benefit concern to the judge’s spouse and family.
Background and rules framework
The opinion interprets Canon 7B(1)(d)’s restriction on private benefit from judicial campaign contributions.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 7B(1)(d).
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 93-479
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
93-479
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
April 30, 1993
This is in response to your request for an advisory opinion from the Judicial Inquiry Commission. Your question is whether excess campaign funds can be donated to charitable organizations in which you have no involvement. Canon 7B(l)(d), Alabama Canons of Judicial Ethics provides: “(l) A candidate, including an incumbent judge, for a judicial office that is filled either by public election between competing candidates or on the basis of a merit system election:
. . .
(d) Should not use or permit the use of campaign contributions for the private benefit of himself.” It is the opinion of this Commission that a judge may donate any excess campaign funds to a charity. The judge must have no connection or involvement in the management or control of the charity to which the funds are donated. The judge may not receive any “private benefit” from the donation of the funds and may not claim a charitable deduction on his or her personal income tax return. The “private benefit” of Canon 7B(l)(d) extends to the judge’s spouse and family. This advisory opinion has been approved and adopted by the Judicial Inquiry Commission and is the opinion of the Commission. Respectfully,
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