Could an Arkansas district judges’ council contribute to candidates for the state legislature?

Short answer No. The Committee concluded that the council of judges could not make direct or indirect political contributions to legislative candidates.

Bar

JUDICIAL-AR

Issued

February 16, 2006

Apply this to your situation

This page answers the general question as of 2006. 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 Not binding precedent.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

The Arkansas District Judges Council, a nonprofit funded by member judges’ dues, asked about political contributions. The Committee noted that government entities often paid those dues directly or indirectly.

The Committee applied the Code’s restrictions on judges’ candidate contributions and public endorsements. It concluded that collective activity through an organization of judges could not legitimize conduct prohibited to individual judges, so the council could not make direct or indirect contributions to Arkansas legislative candidates.

In practice

The opinion’s conclusion covers both direct and indirect contributions by the judges’ council to legislative candidates.

Common questions

Q: Could the council make a direct contribution to a legislative candidate?

A: No. The Committee expressly rejected direct contributions.

Q: Would an indirect contribution through the council change the answer?

A: No. The opinion says prohibited conduct could not be legitimized through indirect collective activity.

Background and rules framework

The Committee cited Arkansas Code of Judicial Conduct Canons 5A(1)(e), 5(A)(1)(b), 5(A)(3)(b), and 3C(2) as they stood in 2006.

Citations and references

Arkansas Code of Judicial Conduct Canons 5A(1)(e), 5(A)(1)(b), 5(A)(3)(b), and 3C(2).

Source

Landing page: https://jddc.arkansas.gov/opinions/opinion-no-2006-01/

Original opinion text

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

February 16, 2006

Judge David Stewart

500 West Markham

Little Rock, AR 72201

RE: 2006-01

Dear Judge Stewart:

Your letter states that the Arkansas District Judges Council is a 501(C)(3) non-profit corporation. The operational funds for the council are based on annual dues of the member district judges. In most instances, the dues are paid, either directly or indirectly, by the governmental entity that employees the judge.

The Arkansas Code of Judicial Conduct in Canon 5A(1)(e) prohibits a judge from making a contribution to a candidate for office. Canon 5(A)(1)(b) likewise bars a judge from publicly endorsing or opposing a candidate for political office. As a general proposition, judges are to discourage individuals who are under their control from doing what a judge cannot do. See Canon 5(a)(3)( b); Canon 3C(2).

We believe that the policy reasons that support these restrictions apply in like fashion to an organization of judges. Prohibited conduct cannot be legitimatized by indirect collective activity. We conclude that the ADJC cannot make direct or indirect political contributions to candidates to the Arkansas legislature.

For the committee

Howard W. Brill

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