Ezel / Ethics Opinions / JUDICIAL-SD

May an unopposed incumbent South Dakota judge contribute campaign funds to another judicial candidate?

Short answer Yes. The Committee read Canon 5C to allow judges subject to public election to contribute to a candidate at any time, including when the incumbent has no opponent.
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JUDICIAL-SD
Issued
July 7, 2014
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 2014. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2014
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

An unopposed incumbent judge asked whether campaign funds could be contributed to another judicial candidate. The Committee answered yes.

It read Canon 5C(1)(a)(iii) as permitting a judge or candidate subject to public election to contribute to a political organization or candidate at any time. South Dakota circuit judges remained subject to public election even when unopposed, and the text covered incumbent judges as well as active candidates.

In practice

The opinion allowed the described contribution by an unopposed incumbent. Its reasoning rested on the judge remaining subject to public election and Canon 5C’s at-any-time language.

Common questions

Q: Does being unopposed change the judge’s election status?

A: No. The Committee said the judge remained subject to public election.

Q: Is the contribution permission limited to contested candidates?

A: No. The Committee read the Canon as covering judges and allowing contributions at any time.

Background and rules framework

The Committee applied South Dakota Code of Judicial Conduct Canon 5C(1)(a)(iii) on contributions by judges and candidates subject to public election. It also cited its earlier Advisory Opinion 06-02.

Citations and references

  • South Dakota Code of Judicial Conduct Canon 5C(1)(a)(iii).
  • South Dakota Special Committee Advisory Opinion 06-02.

See also

Source

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