Could a judicial candidate or sitting judge attend political organization events and accept tickets?

Plain-English summary

A judge asked about purchasing and receiving tickets to events sponsored by political organizations. The Committee distinguished a judicial candidate from a sitting judge who was not a candidate.

Under the opinion, a candidate could purchase and attend a political organization event within the stated campaign period, but could not personally accept a gift ticket ordinarily sold for admission because it would be a political contribution. A noncandidate sitting judge could purchase and attend such an event at any time and could accept a gifted ticket subject to reporting requirements.

The Committee also said neither a sitting judge nor a judicial candidate could purchase a ticket to or attend an event known to be a fundraiser for a candidate.

In practice

The opinion’s answers vary by candidate status, whether the ticket is purchased or gifted, and whether the event is a fundraiser for a candidate.

Common questions

Q: Could a judicial candidate accept a complimentary ticket to a political organization event?

A: No, if admission ordinarily carried a price. The Committee treated that gift as a political contribution.

Q: Could a noncandidate sitting judge attend a political organization event?

A: The opinion said yes, including before the 365-day campaign period, and allowed a gifted ticket subject to reporting requirements.

Q: What if the event was a candidate fundraiser?

A: The opinion said a sitting judge or judicial candidate could not purchase a ticket to or attend an event known to be a candidate fundraiser.

Background and rules framework

The Committee cited Arkansas Code of Judicial Conduct Rules 4.1, 4.2, 3.13 and 3.15, along with the Code’s definition of “contribution.” Its timing rules are described as they stood in 2009.

Citations and references

• Arkansas Code of Judicial Conduct Rules 4.1, 4.2, 3.13 and 3.15, as cited in the opinion.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-2009-03/

Original opinion text

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

June 19, 2009

Judge John Fogleman

206 River Trace Drive

Marion, Arkansas 72364

Re: Advisory Opinion 2009-03

Dear Judge Fogleman:

Thank you for your inquiries conceming a judicial candidate acquiring tickets for and attending certain events. The Advisory Committee responds as follows:

l. As a judicial candidate, you may purchase a ticket to and attend an event sponsored by the Green Party, the Democratic Party, the Republican Party or any other political organization, as that term is defined by the Code of Judicial Conduct, so long as neither event occurs more than 365 days before the applicable election. Rule 4.1 (A) (4); Rule 4.2 (B) (4)

2. As a sitting judge who is not a judicial candidate, you may purchase a ticket and attend an event sponsored by a political organization at any time, even before 365 days before the applicable election. Rule 4.1 (A) (4), Comment 6A

3. As either a sitting judge or judicial candidate, you may not at any time purchase a ticket to or attend an event which you know to be a fund-raiser for a candidate. Rule 4.1

4. As a judicial candidate, you may not personally accept the gift of a ticket for which a monetary price is usually charged for admittance to an event sponsored by a political organization. The gift would constitute a political contribution. Rule 4.1 (A) (8); See code TERMINOLOGY for definition of "contribution".

5. As a sitting judge who is not a judicial candidate, you may, at any time, personally accept, subject to reporting requirements, the gift of a ticket to an event sponsored by a

political organization. Rule 3.13 (C); Rule 3.15

Ju e John Cole

For the Committee