JUDICIAL ETHICS OPINION 1998-14

JUDICIAL ETHICS ADVISORY PANEL

August 14, 1998

¶0 QUESTION: May a judicial candidate write a letter by general mailing or to particular voters asking for locations for yard signs and suggesting that contributions would be accepted? For example: "We need locations for our yard signs. Contributions to the campaign are gratefully accepted."

¶1 WE ANSWER: NO. Such solicitation, personally, by a judicial candidate is prohibited by the Code of Judicial Conduct.

¶2 Canon 5(C)(2): "A candidate should not personally solicit campaign contributions or personally solicit publicly stated support. A candidate may, however, establish committees of responsible persons to conduct campaigns for the candidate… Such committees may solicit and accept reasonable campaign contributions…and obtain public statements of support for his or her candidacy."

¶3 Canon 5(E): "Canon 5 generally applies to all incumbent Judges and judicial candidates."

¶4 The Canons of Judicial Ethics leave no doubt that a judicial candidate cannot personally solicit funds for his/her campaign. The Canons recognize the necessity of campaign funding in most instances, but seek to insulate the judicial candidate from campaign financing. Therefore, the Canons permit and implicitly recommend that judicial candidates establish a committee to solicit, receive and to manage expenditure of campaign funds.

¶5 We believe that the wording, "contributions are accepted" along with an enclosed envelope is a clear request for funds and is prohibited by Canon 5.

¶6 A yard sign is a public statement of support for a judicial candidate. The purpose of a placard in a yard or on public property at intersections, etc., is first of all to enhance name recognition. The advantage of a yard sign, as distinct from an indiscriminately posted placard along a roadway, is that it also tells the electorate the resident supports the candidate, just as an auto bumper sticker displays an individual’s support.

¶7 The yard sign is "publicly stated support" which the Canons direct should not be solicited by a judicial candidate, but should be left to a campaign committee.