WSBA 1997

Can a lawyer endorse or contribute to a sitting judge's reelection campaign while the lawyer has cases pending before that judge?

Short answer: The committee found no Rule of Professional Conduct that forbids contributing to a sitting judge's campaign or publicly endorsing the judge's reelection while the lawyer has cases pending before the judge, but cautioned that the lawyer should be aware of the prohibitions of RPC 3.5(a).

Apply this to your situation

This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

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 Not binding precedent.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) is the authoritative source for any reliance.

Plain-English summary

The committee found no Rule of Professional Conduct that forbids an attorney from contributing to a sitting judge's electoral campaign, or publicly endorsing the judge's reelection, at a time when the attorney has cases pending before that judge. The committee added that, in doing so, the attorney should be aware of the prohibitions of RPC 3.5(a).

Currency note

This opinion was issued in 1997, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here. Washington's RPC 3.5 corresponds to ABA Model Rule 3.5 (impartiality and decorum of the tribunal); RPC 3.5(a) addresses seeking to influence a judge by means prohibited by law.

Common questions

Q: Can a lawyer donate to a judge's campaign while appearing before that judge?

A: The committee found no Rule of Professional Conduct forbidding it, while pointing the lawyer to the prohibitions of RPC 3.5(a).

Q: Can the lawyer publicly endorse the judge's reelection?

A: The committee found no rule forbidding a public endorsement of the judge's reelection at a time when the lawyer has cases pending before the judge, subject to the same caution about RPC 3.5(a).

Background and rules framework

The opinion applied RPC 3.5(a) (the prohibition on seeking to influence a judge by means prohibited by law, corresponding to ABA Model Rule 3.5). The committee did not find a categorical bar on campaign contributions or endorsements by a lawyer with pending cases, and instead identified RPC 3.5(a) as the rule whose prohibitions the lawyer must keep in view.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 3.5 (impartiality and decorum of the tribunal); Washington RPC 3.5(a)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=768

Original opinion text

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

Advisory Opinion: 1694
Year Issued: 1997
RPC(s): RPC 3.5(a)
Subject: Endorsement of judge and contribution to judge's campaign while lawyer has cases pending before judge

The Committee finds no Rule of Professional Conduct that forbids an attorney from contributing to a sitting judge's electoral campaign, or publicly endorsing the judge's reelection, at a time when the attorney has cases pending before the judge. However, in doing so, you should be aware of the prohibitions of RPC 3.5(a).

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