Can a judge or judicial candidate use judicial campaign funds to buy a ticket to another candidate's fundraiser?

Plain-English summary

The Board addressed whether a judge or judicial candidate could use judicial campaign funds to purchase a ticket to another candidate's fund raiser. It worked from Canon 7(C)(8) of the former Ohio Code of Judicial Conduct, whose first two sentences (effective July 1, 1995) barred a judge or judicial candidate from contributing or expending campaign funds in support of or opposition to a candidate for a public office other than the office the judge is seeking.

The Board reasoned that the purpose of a fund raiser is to provide financial support to the candidate for whom it is held, so buying a ticket is a contribution to that candidate, not an expenditure of the purchaser's own campaign. Even though the buyer might gain some incidental campaign benefit, the direct purpose is to support the other candidate. The Board concluded that using judicial campaign funds for such a ticket fell within the Canon 7(C)(8) restriction, while personal funds could be used. The opinion also withdrew Opinion 88-017, whose contrary advice predated the amendment.

Currency note

The Ohio Board flagged this opinion as later "Withdrawn" by the Board on October 10, 1997, after a further amendment to Canon 7(C)(8). It interpreted the former Ohio Code of Judicial Conduct, which was superseded by the current Ohio Code of Judicial Conduct effective March 1, 2009.

This opinion issued in 1996, before those changes. Subsequent rule amendments and the Board's withdrawal may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct before relying on any specific rule mentioned here.

Common questions

Q: Could a judge use campaign money to attend another candidate's fundraiser?

A: No. The opinion concluded that the ticket was a contribution to the other candidate, which Canon 7(C)(8) prohibited a judge or judicial candidate from making with judicial campaign funds.

Q: Could the judge use personal funds instead?

A: Yes. The opinion stated that a judge or judicial candidate could use personal funds to purchase a ticket to another candidate's fund raiser.

Q: Why did the opinion withdraw Opinion 88-017?

A: Opinion 88-017 had advised, under the pre-1995 Code, that nothing precluded a judicial campaign committee from contributing to other candidates. The opinion treated that advice as outdated once Canon 7(C)(8) took effect, and withdrew it.

Background and rules framework

The opinion interprets Canon 7(C)(8) of the former Ohio Code of Judicial Conduct, which restricted a judicial candidate's expenditure of contributed campaign funds and barred contributing or expending campaign funds for or against candidates for other public offices. The first two sentences took effect July 1, 1995, and the last sentence took effect April 18, 1996.

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Judicial Conduct Canon 7(C)(8)

Statutes:

• Ohio Rev. Code § 3517.18

Other opinions cited:

• Ohio BPC Op. 88-017 (withdrawn by this opinion)

See also

• Ohio BPC Op. 1997-006: Forming a Judicial Campaign Committee and Timing of Funds
• Ohio BPC Op. 1996-005: Judge Endorsing Domestic-Violence Protocols

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-96-007.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 96-7
                                Issued October 11, 1996

[Withdrawn- by Board on October 10, 1997 due to amended Canon 7 (c) (8) eff. June 1, 1997.]

SYLLABUS: It is improper under Canon 7(C)(8) for a judge or judicial candidate to use
judicial campaign funds to purchase a ticket to another candidate’s fund raiser. A judge or
judicial candidate may use personal funds to purchase a ticket to another candidate’s fund
raiser.

Opinion 88-017 is withdrawn.

OPINION: This opinion addresses the use of judicial campaign funds to purchase tickets
to fund raisers.

   Is it proper for a judge or judicial candidate to use judicial campaign funds
   to purchase a ticket to another candidate’s fund raiser?

Canon 7(C)(8) of the Ohio Code of Judicial Conduct governs the question raised. The rule
is set forth below with emphasis added.

   Canon 7(C)(8) A judicial candidate shall not expend funds in a judicial
   campaign that have been contributed to him or her to promote his or her
   candidacy for a nonjudicial office. A judge or judicial candidate shall
   not contribute or expend campaign funds in support of or opposition
   to a candidate for a public office, other than the public office to which
   the judge or judicial candidate is seeking election. For any of the
   purposes contained in division (A) of section 3517.18 of the Revised Code
   and subject to the limitations contained in division (B) of that section, a
   judge or judicial candidate may contribute campaign funds to or expend
   campaign funds for a political party or to attend social events sponsored by
   a political party.

Canon 7(C)(8) is the outcome of two amendments. The first two sentences of the rule
became effective July 1, 1995. The last sentence became effective April 18, 1996.

Under Canon 7(C)(8), as amended effective July 1, 1995, a judge or judicial candidate is
prohibited from contributing or expending judicial campaign funds to other candidates for

public office. This marks a departure from the past. Under the Ohio Code of Judicial
Conduct as adopted, effective December 20, 1973, there was no restriction upon a judge
or judicial candidate contributing campaign money to other candidates for public office.
Accordingly, the Board advised in Opinion 88-017 that “[t]here 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.” That advice in Opinion
88-017 is outdated as a result of the amendment to Canon 7(C)(8).

The purpose of a fund raiser is to provide financial support to the candidate for whom the
fund raiser is held. The purchase of a ticket to another candidate’s fund raiser is a
contribution to that candidate, not a campaign expenditure of the person purchasing the
ticket. Although there may be some incidental campaign benefit to the person purchasing
the ticket, the direct purpose is to benefit and support the campaign of the candidate for
whom the fund raiser is held. Thus, the use of judicial campaign funds to purchase a ticket
to another candidate’s fund raiser falls within the restriction of Canon 7(C)(8).

In conclusion, the Board advises that it is improper under Canon 7(C)(8) for a judge or
judicial candidate to use judicial campaign funds to purchase a ticket to another candidate’s
fund raiser. A judge or judicial candidate may use personal funds to purchase a ticket to
another candidate’s fund raiser. Opinion 88-017 is withdrawn.

Advisory Opinions of the Board of Commissioners on Grievances and Discipline are
informal, nonbinding opinions in response to prospective or hypothetical questions
regarding the application of the Supreme Court Rules for the Government of Bar of
Ohio, the Supreme Court Rules for the Government of the Judiciary, the Code of
Professional Responsibility, the Code of Judicial Conduct, and the Attorney’s Oath
of Office.