RPC RULE 7.6
  POLITICAL CONTRIBUTIONS TO OBTAIN GOVERNMENT LEGAL ENGAGEMENTS OR
                       APPOINTMENTS BY JUDGES


  A lawyer or law firm shall not accept a government legal engagement or
an appointment by a judge if the lawyer or law firm makes a political
contribution or solicits political contributions for the purpose of
obtaining or being considered for that type of legal engagement or appointment.

Comment

  [1] Lawyers have a right to participate fully in the political process,
which includes making and soliciting political contributions to
candidates for judicial and other public office. Nevertheless, when
lawyers make or solicit political contributions in order to obtain an
engagement for legal work awarded by a government agency, or to obtain
appointment by a judge, the public may legitimately question whether the
lawyers engaged to perform the work are selected on the basis of
competence and merit. In such a circumstance, the integrity of the
profession is undermined.

  [2] The term "political contribution" denotes any gift, subscription,
loan, advance or deposit of anything of value made directly or indirectly
to a candidate, incumbent, political party or campaign committee to
influence or provide financial support for election to or retention in
judicial or other government office. Political contributions in
initiative and referendum elections are not included. For purposes of
this Rule, the term "political contribution" does not include
uncompensated services.

  [3] Subject to the exceptions below, (i) the term "government legal
engagement" denotes any engagement to provide legal services that a
public official has the direct or indirect power to award; and (ii) the
term "appointment by a judge" denotes an appointment to a position such
as referee, commissioner, special master, receiver, guardian or other
similar position that is made by a judge. Those terms do not, however,
include (a) substantially uncompensated services; (b) engagements or
appointments made on the basis of experience, expertise, professional
qualifications and cost following a request for proposal or other process
that is free from influence based upon political contributions; and (c)
engagements or appointments made on a rotational basis from a list
compiled without regard to political contributions.

  [4] The term "lawyer or law firm" includes a political action committee
or other entity owned or controlled by a lawyer or law firm.

  [5] Political contributions are for the purpose of obtaining or being
considered for a government legal engagement or appointment by a judge
if, but for the desire to be considered for the legal engagement or
appointment, the lawyer or law firm would not have made or solicited the
contributions. The purpose may be determined by an examination of the
circumstances in which the contributions occur. For example, one or more
contributions that in the aggregate are substantial in relation to other
contributions by lawyers or law firms, made for the benefit of an
official in a position to influence award of a government legal
engagement, and followed by an award of the legal engagement to the
contributing or soliciting lawyer or the lawyer's firm would support an
inference that the purpose of the contributions was to obtain the
engagement, absent other factors that weigh against existence of the
proscribed purpose. Those factors may include among others that the
contribution or solicitation was made to further a political, social, or
economic interest or because of an existing personal, family, or
professional relationship with a candidate.

[6] If a lawyer makes or solicits a political contribution under
circumstances that constitute bribery or another crime, Rule 8.4(b) is implicated.


[Adopted effective September 1, 2006.]