May a judicial candidate retain a contribution from a later litigant or accept one from a current party?
Apply this to your situation
This page answers the general question as of 1998. 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 contributions from people who later became parties, from a partner of a litigant, and from a person with a pending case. The amounts described were $50, $100, and $250.
The Commission held that a judicial candidate could retain contributions from people in subsequently filed litigation and accept contributions from parties in currently pending cases. It read the Canons in light of Alabama's judicial election system.
Canon 7B(4)(c) required candidate reports to the Secretary of State under the Fair Campaign Practices Act. The opinion also noted a statutory contributor disclosure statement. It found no further disclosure necessary for these particular contributions, while directing readers to other provisions of the cited statute.
Currency note
This opinion was issued in 1998, 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 the judge retain a contribution from someone who later became a party?
A: Yes. The Commission expressly allowed retention of a contribution from a party in subsequently filed litigation.
Q: Could a pending party contribute to the judge’s campaign?
A: Yes. The Commission said a judicial candidate could accept the described contribution from a party in a current case.
Q: Was another disclosure required beyond the statutory filings?
A: No additional disclosure of these particular contributions was required according to the opinion, which also cited other provisions of Alabama Code chapter 12-24.
Background and rules framework
The Commission applied Alabama Canon 7B(4)(c) and cited the Fair Campaign Practices Act, Alabama Code § 17-22A-1 et seq., and the campaign contributor statement under § 12-24-2. It expressly noted §§ 12-24-1 and 12-24-2 when addressing additional disclosure.
Citations and references
Alabama Canon 7B(4)(c); Ala. Code §§ 17-22A-1 et seq. and 12-24-1 to -2 (1975); Advisory Opinions 82-159, 84-213, 84-227, and 96-607.
See also
Source
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Landing page: Alabama JIC advisory opinions
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Original PDF: Advisory Opinion 98-698
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Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
98-698
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
May 15, 1998
The Judicial Inquiry Commission has considered your request for an advisory opinion whether a judge may retain a campaign contribution from a) a person who is a party in subsequently commenced litigation, and b) a person who is a party in a proceeding currently pending before the judge. You state that you have received contributions of
$100 and $250 from individuals who either later became involved in litigation or whose partner later became involved in litigation, and a contribution of fifty dollars from a person who has a case pending before you. You also ask whether, in the event that these contributions may be retained, any disclosure is required beyond disclosure with the Secretary of State. It is the opinion of the Commission that a judge who is a judicial candidate may retain campaign contributions that were made by persons who are parties in subsequently filed litigation. It is also the opinion of the Commission that a judge who is a judicial candidate may accept campaign contributions from parties to cases that are currently pending before the judge. As the Commission has had occasion to recognize in the past, the Canons of Judicial Ethics must be considered in light of the reality that judges in Alabama are subject to nomination and election through political campaigns and, thus, must accept campaign contributions in order to finance their campaigns for judicial office. See Advisory Opinions 82-159, 84-213, 84-227, and 96-607. Canon 7B(4)(c) mandates that all candidates file reports with the Secretary of State as required by the Fair Campaign Practices Act, ALA. CODE §17-22A-1, et seq., (1975). In addition, ALA. CODE §12-24-2 (1975) requires the filing of a statement with the Secretary of State disclosing the names and addresses of campaign contributors and the amount of each contribution. It is the opinion of the Commission that no additional disclosure of the particular campaign contributions involved in the present case is required. But see, ALA. CODE §§12-24-1 and -2 (1975). Yours truly, JUDICIAL INQUIRY COMMISSION
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