Ohio Board Advisory Opinion Op 88-017

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[Withdrawn by Opinion 96-7 on Oct. 11, 1996]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

Op. 88-017 2
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 §3517.13(0) (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