May an announced judicial candidate solicit charitable donations during a telethon without campaigning?

Short answer The Committee said the candidate could participate in the described charity telethon, including solicitation, because the fundraising bar in Canon 4 applied to judges and Canon 5 imposed no similar restriction on candidates.

Bar

JUDICIAL-AR

Issued

February 21, 2002

Apply this to your situation

This page answers the general question as of 2002. Ask about yours and see what the current rules of professional conduct in your state say for your facts, 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 Not binding precedent.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) is the authoritative source for any reliance.

Plain-English summary

An announced circuit-judge candidate asked about joining a United Negro College Fund telethon panel. The role required him to solicit charitable donations from acquaintances, but he said the event would involve no vote requests and would not identify him as a candidate.

The Committee concluded that the Code did not bar his described participation. It said Canon 4C3(b)(iv) restricted a judge’s fundraising, while the candidate was governed by Canon 5, which contained no comparable restriction.

Common questions

Q: Did the Committee apply the judicial fundraising restriction to this candidate?

A: No. It said Canon 4 applied to judges, while Canon 5 governed judicial candidates.

Q: What election-related facts did the candidate give?

A: He said the telethon was not political, would involve no voter solicitation, and would not identify him as a judicial candidate.

Background and rules framework

The opinion compared then-current Arkansas Code of Judicial Conduct Canon 4C3(b)(iv), restricting judicial fundraising, with Canon 5 for judicial candidates. Its answer was tied to the nonpolitical telethon facts stated in the request.

Citations and references

Arkansas Code of Judicial Conduct Canons 4C3(b)(iv) and 5.

Source

Landing page: https://jddc.arkansas.gov/opinions/opinion-no-02-01/

Original opinion text

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

February 21, 2002

J. Leon Johnson

Attorney at Law

3802 Sierra Forest

Little Rock, AR 72212

RE: Advisory Opinion # 2002-01

Dear Mr. Johnson:

You have asked this Committee whether, as an announced candidate for Circuit Judge, you would be in violation of the Arkansas Code of Judicial Conduct by accepting an invitation to serve as a panelist on the Annual Telethon of the United Negro College Fund (UNCF). You would be required to contact friends and acquaintances to solicit contributions to the UNCF. You would be expected to raise a minimum of $1,000. The telethon is not, you state, a political event; there would be no voter solicitation and you would not be identified as a candidate for judicial office.

In the opinion of the Committee, you are not prohibited under the Code from participating in this event. The fund-raising activities you describe are expressly disallowed under Canon 4C3(b)(iv); however, Canon 4 applies to judges rather than judicial candidates. Judicial candidates are covered under Canon 5, which contains no similar restriction.

Sincerely,

Steele Hays

For the Committee

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