When could a judicial candidate begin fundraising for the May 2002 general election under the then-current Code?

Plain-English summary

A lawyer planning to run for circuit judge in May 2002 asked how the Code’s fundraising window applied after Amendment 80 moved judicial general elections from November to May. The Arkansas Supreme Court had not changed the Code’s text.

The Committee said it could neither rewrite nor suspend Canon 5C(2). It concluded that the restriction continued to apply to the new election calendar, barring campaign fundraising until 180 days before the May 2002 election.

Currency note

This opinion predates the Arkansas Code of Judicial Conduct that took effect July 1, 2009, as stated in JEAC Opinion 2009-04. Later rules and opinions may have changed the analysis. Treat this page as historical context and verify the current Code before relying on a specific rule.

Common questions

Q: Did the nonpartisan election change displace the fundraising limit?

A: No. The Committee said the Code’s purpose of limiting judicial campaign length also applied to nonpartisan elections.

Q: Could the Committee temporarily suspend Canon 5C(2)?

A: No. It said it had no authority to rewrite or suspend the Code and pointed to the Supreme Court’s ability to amend it.

Background and rules framework

The Committee interpreted then-current Arkansas Code of Judicial Conduct Canon 5C(2) against the changed election schedule under Amendment 80. Its conclusion concerned the May 2002 election.

Citations and references

• Arkansas Code of Judicial Conduct Canon 5C(2).
• Amendment 80 to the Arkansas Constitution.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-01-05/

Original opinion text

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

August 30, 2001

Philip A. Bagby

Attorney at Law

Bagby Law Firm

P. O. Box 766

Van Buren, AR 72957

RE: Advisory Opinion # 2001-05

Dear Attorney Bagby:

You have indicated to this committee that you intend to run for Circuit Judge in the general election of May 2002. You ask about the applicability of Canon 5C(2) of the Arkansas Code of Judicial Conduct in light of the adoption of Amendment 80 to the Arkansas Constitution.

Canon 5C(2) prohibits fundraising by the committee of a candidate prior to 180 days before a primary election. With the new amendment and implementing statutes, the general elections for judges have been moved from November to May. However, the Arkansas Supreme Court has not changed the language of the Code.

The intent of the Code provision was to place limits on the length of judicial campaigns. That intent applies also to non-partisan elections.

We have no authority to rewrite the Code or to temporarily suspend its operation. We note that the Court has in the past made quick changes in the Code, see for example, the Per Curiam of November 19, 1990, 303 Ark. 755 (nepotism), and the Per Curiam of May 30, 1995, 320 Ark. 715 (judicial stationery) and can certainly do so in this instance if it wishes.

It is our opinion that Canon 5C(2) is applicable and, therefore, fundraising may not begin until 180 days prior to the May 2002 election.

Sincerely,

Howard W. Brill

for the Committee