Under Ohio's judicial-conduct rules, could a judge or judicial candidate's campaign committee contribute to other candidates, and could a judge contribute to a political party?

Currency note

The Ohio Board of Professional Conduct withdrew this opinion by Opinion 96-7 on October 11, 1996. It is no longer current guidance and is indexed here for historical research only. The opinion was issued in 1988 under Ohio's former Code of Judicial Conduct, which has since been replaced by the Ohio Code of Judicial Conduct. Verify against the current Ohio Code of Judicial Conduct (including its rules on political and campaign activity) before relying on any specific rule mentioned here.

Plain-English summary

The Board addressed three related requests under Canon 7 of the Code of Judicial Conduct. Two asked whether a judge could make a political contribution to another candidate, judicial or otherwise. The third asked whether it mattered that the contributing judge was also a candidate for re-election that year, and whether a judge could contribute personally to his political party in years he was not a candidate.

The Board explained that, unlike the ABA's Code, Ohio's Code of Judicial Conduct did not preclude a judge or judicial candidate from contributing to other candidates for public office. It noted that the ABA's Canon 7A(1)(c) expressly barred such contributions and that the ABA's Canon 7B(2) barred using campaign contributions for the candidate's private benefit, but that Ohio had modeled its Code on the ABA's without including those restrictions. The Board therefore concluded that contributions to other candidates were permitted whether made from a personal account or a campaign committee, and regardless of whether the contributing judge was up for re-election. It cautioned that a contribution should not be treated as a public endorsement and that a candidate should guard against publicly endorsing another candidate and against lending the prestige of judicial office to advance others' private interests (Canons 7A(1)(b) and 2B). On contributions to a political party, the Board read Canon 7A(2) to permit a judge to contribute to his party only in years in which he was not a candidate for election or re-election.

Common questions

Q: Could an Ohio judge or judicial candidate contribute to other candidates for office?

A: Yes. The Board concluded that Ohio's Code of Judicial Conduct, unlike the ABA's, did not bar such contributions, whether made from a personal account or a campaign committee, and regardless of whether the contributing judge was up for re-election.

Q: Could a judge contribute to a political party?

A: Only in non-candidate years. The Board read Canon 7A(2) to permit a judge to contribute to his political party only in years in which he was not a candidate for election or re-election.

Q: Did a contribution count as endorsing the other candidate?

A: The Board stated that it did not believe a contribution should be considered a public endorsement, but it cautioned that a candidate should guard against publicly endorsing another candidate and against lending the prestige of judicial office to advance others' interests.

Background and rules framework

The opinion applies Ohio's former Code of Judicial Conduct, principally Canon 7 (political activity) and Canon 2B (not lending the prestige of office to advance private interests), and contrasts Ohio's text with the ABA Code's Canons 7A(1)(c) and 7B(2). Ohio later replaced this framework with the current Ohio Code of Judicial Conduct.

Citations and references

Rules of Judicial Conduct:

• Former Code of Judicial Conduct, Canon 7 (Ohio), political activity of judges and candidates
• Former Code of Judicial Conduct, Canon 2B (Ohio), lending the prestige of office
• ABA Code of Judicial Conduct, Canon 7A(1)(c) and Canon 7B(2) (contrasted)

Statutes:

• Ohio Rev. Code Section 3517.13 (campaign-finance provisions; exception for contributions to other candidates)

See also

• Ohio BPC Opinion 1987-013: Judge Serving on a Governmental Task Force

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-88-017.pdf

Original opinion text

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

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 88-017
Issued August 12, 1988

[Withdrawn by Opinion 96-7 on Oct. 11, 1996]

SYLLABUS: There is nothing in the Code of Judicial Conduct which precludes a judge's or judicial candidate's campaign committee from making contributions to other candidates for public office. Whether the judge is a candidate for re-election in the year that his or her campaign committee is contributing to another candidate is immaterial. A judge or judicial candidate may contribute to his or her political party only in the years in which he or she is not a candidate for judge.

OPINION: We have before us three similar requests for advisory opinions which relate to Canon 7 of the Code of Judicial Conduct. Two of the requests ask whether a Judge may make a political contribution to another political candidate, judicial or otherwise. The third request asks whether it matters if the contributing judge is making the contributions in the year in which he or she is also a candidate for re-election. In addition, the third request asks whether a judge may make personal contributions to his political party in those years said judge is not a candidate for re-election.

Unlike the ABA's Code, Ohio's Code of Judicial Conduct does not preclude a judge or judicial candidate from making political contributions to other candidates for public office. The ABA version of Canon 7 specifically states that "[a] judge or a candidate for election to judicial office should not: ...make a contribution to a political organization or candidate..." ABA Code of Judicial Conduct, Canon 7A(l)(c). Therefore, because Ohio modeled its Code of Judicial Conduct after the ABA's Code but did not include the restriction on judges or judicial candidates making contributions to other candidates, it is our opinion that such contributions are permitted under Ohio's Code of Judicial Conduct.

In addition, the ABA's Canon 7 also states that "[a] candidate should not use or permit the use of campaign contributions for private benefit of himself or members of his family." ABA Code of Judicial Conduct, Canon 7B(2). Ohio's Canon 7 does not have a similar restriction. Ohio does have a similar provision in its elections laws but includes an exception for contributions made to other candidates. Ohio Rev. Code Sec. 3517.13(O) (BALDWIN, 1986). Therefore, in Ohio, judges and judicial candidates are not prevented from making contributions through their campaign committees to any other candidates, regardless of whether the contributing judge is running for re-election that year.

We do not believe that a contribution by a candidate for judicial office to another candidate should be considered a public endorsement of that candidate whether the contribution comes from a personal account or from a campaign committee. Code of Judicial Conduct, Canon 7A(l)(b). A candidate making a contribution to another candidate should however, guard against publicly endorsing that candidate. In addition, a judge should avoid lending the prestige of his or her office to advance the private interests of others. Code of Judicial Conduct, Canon 2B.

In regard to a judge or judicial candidate making a contribution to his or her political party, Canon 7A(2) states that a candidate for judicial office may not contribute to his political party in the year in which he is a candidate for election or re-election. Thus, it seems clear that contributions to political parties by a judge are permitted in those years in which the judge is not running for re-election.

In conclusion, it is our opinion and you are so advised that judges or candidates for judicial office are not precluded from making contributions to other candidates for public office. Such contributions are ethical whether they come from a personal account or from a campaign committee. Whether the contributing judge is running for re-election is not relevant. Finally, a judge may make contributions to his or her political party only in those years in which said judge is not running for re-election.

This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Judicial Conduct.

James W. Mason, Esq.
Secretary, Board of Commissioners