When someone becomes a judicial candidate, can they wind down a prior nonjudicial campaign committee by giving the leftover funds to a party or other candidates?

Plain-English summary

The Board addressed how Canon 7(C)(8) applies when someone who holds a nonjudicial office and has a nonjudicial campaign committee decides to become a judicial candidate. Because Ohio law (R.C. 3517.10(J)) allows only one campaign committee at a time, the individual must terminate the nonjudicial committee to establish a judicial one. The question was whether the Code restricts how the leftover nonjudicial funds may be disbursed.

The Board reviewed Canon 7(C)(8)(a), (b), and (c), which restrict a judge or judicial candidate's use of campaign funds. It concluded that only Canon 7(C)(8)(a), which bars using nonjudicial-campaign contributions in a judicial campaign, applies to the disbursement, so the nonjudicial funds cannot be transferred into the judicial committee. Beyond that, the Board concluded that disbursing the nonjudicial funds to wind up the committee is governed by state law, which permits contributions to a political party, legislative campaign fund, political action committee, other candidates, certain charities, or the Ohio Elections Commission Fund.

Currency note

The Ohio Board flags this opinion as a "Former CJC Opinion" interpreting the former Ohio Code of Judicial Conduct, which was superseded by the current Ohio Code of Judicial Conduct effective March 1, 2009.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 1998, before that change, and the campaign-finance canons and statutes have since been revised. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct and campaign-finance statutes before relying on any specific rule mentioned here.

Common questions

Q: Could a new judicial candidate give leftover funds from a prior nonjudicial committee to a party or other candidates?

A: Yes. The opinion concluded that Canon 7(C)(8) did not bar disbursing the leftover nonjudicial funds to wind up the committee as state law permits.

Q: Could those funds be moved into the judicial campaign?

A: No. The opinion concluded that Canon 7(C)(8)(a) bars using nonjudicial-campaign contributions in a judicial campaign, so the funds could not be transferred to the judicial committee.

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct Canon 7(C)(8)(a), (b), and (c) (use of campaign funds) against Ohio's campaign-finance statutes governing termination of a campaign committee and the one-committee rule.

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Judicial Conduct Canon 7(C)(8)(a), (b), (c)

Statutes:

• Ohio Rev. Code §§ 3517.10(J), 3517.08(G), 3517.13, 3517.18

See also

• Ohio BPC Op. 1996-007: Judicial Campaign Funds and Tickets to Another Candidate's Fund Raiser
• Ohio BPC Op. 1997-006: Forming a Judicial Campaign Committee and Timing of Funds
• Ohio BPC Op. 1998-006: A Judge Seeking Appointment as Prosecuting Attorney

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-98-007.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 98-7
                                     Issued June 5, 1998

[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is
superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]

SYLLABUS: An individual establishing a judicial campaign committee is not restricted
by Canon 7(C)(8) of the Ohio Code of Judicial Conduct from terminating his or her
nonjudicial campaign committee by disbursement of remaining nonjudicial funds through
contributions to a political party or to other candidates as permitted under state law.

OPINION: This opinion addresses whether an individual establishing a judicial
campaign committee is restricted by the Ohio Code of Judicial Conduct from terminating
his or her nonjudicial campaign committee and disposing of the nonjudicial funds in a
manner permitted under state law.

   Is an individual establishing a judicial campaign committee restricted by
   the Ohio Code of Judicial Conduct from terminating his or her nonjudicial
   campaign committee by disbursing remaining nonjudicial funds through
   contributions to a political party or to other candidates as permitted by
   state law?

The Ohio Code of Judicial Conduct does restrict judges and judicial candidates in the use
of campaign funds. Canon 7(C)(8)(a) prohibits a judge from using funds in a judicial
campaign that were contributed to his or her nonjudicial campaign. Canon 7(C)(8)(b)
prohibits a judge or judicial candidate from contributing or expending campaign funds in
support of or opposition to a candidate for a public office. Canon 7(C)(8)(c) restricts
contributions to political parties by limiting the purposes for which such funds may be
used by the political parties.

                                         Canon 7(C)(8)

   (a) 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.

   (b) 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. A judge or judicial candidate may contribute or


       expend campaign funds to attend a social or fundraising event held by
       or on behalf of another public official or candidate for public office.

   (c) 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.

Under state law, Section 3517.10(J) of the Ohio Revised Code (Baldwin Supp. 1998), a
candidate may have only one campaign committee. Thus, if an individual holds a
nonjudicial public office but wishes to become a judicial candidate, he or she must
terminate his or her nonjudicial campaign committee in order to establish a judicial
campaign committee. Preferably, the termination of the nonjudicial committee should be
accomplished prior to the individual becoming a judicial candidate or at least as soon as
possible after becoming a judicial candidate.

Are the Canon 7(C)(8) restrictions applicable to an individual who is terminating a
nonjudicial campaign committee before establishing a judicial campaign committee? In
this Board’s view the application is limited.

There is only one restriction in Canon 7(C)(8) that applies to the disbursement of
nonjudical funds in the termination of a nonjudicial committee—Canon 7(C)(8)(a). An
individual’s nonjudicial funds cannot be used in the individual’s judicial race. Therefore,
by virtue of the Canon 7 restrictions, the nonjudicial funds cannot be transferred from the
individual’s nonjudicial campaign committee to the individual’s judicial campaign
committee.

Outside of this Canon 7(C)(8) restriction in the Ohio Code of Judicial Conduct, the
disbursement of nonjudicial funds to terminate a nonjudicial campaign committee is
governed by state law. Under state law, permitted expenditures and contributions to
terminate a committee include certain charitable contributions and contributions to a
political party, legislative campaign fund, political action committee, other candidates, or
to the Ohio Elections Commission Fund. See Ohio Rev. Code Ann. §3517.08(G),
3517.13(0)-(R) (Baldwin Supp. 1998.)

In conclusion, this Board advises that an individual establishing a judicial campaign
committee is not restricted by Canon 7(C)(8) of the Ohio Code of Judicial Conduct from
terminating his or her nonjudicial campaign committee by disbursement of remaining
nonjudicial funds through contributions to a political party or to other candidates as
permitted under state law.

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 the
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.