Judicial Ethics FAQs on Campaign Activity

Frequently Asked Questions

Campaign Activity

Last Revised December 2013

  1. COMPLYING WITH CANON 4

    1. What are the sources of authority and guidance regarding a judge’s political activity?

      (1) Canon 4, Washington State Code of Judicial Conduct (CJC).

      (2) Revised Code of Washington (RCW) 42.52.180.

      (3) Revised Code of Washington (RCW) chap. 42.17A and Title 390 WAC.

    2. Who must comply with Canon 4?

      The Code of Judicial Conduct governs both judges and candidates for judicial office. (See Application of the Code of Judicial Conduct I(B) and RPC 8.2(c).)

    3. When does a person become a candidate for judicial office?

      The Code of Judicial Conduct Terminology section defines a “judicial candidate” as: a person seeking selection for or retention into judicial office by election or appointment.

      A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election authority, or authorizes solicitation or acceptance of contributions or support. See Preamble to the Code of Judicial Conduct and Canon 4. (See RCW 42.17A and the Public Disclosure Commission (PDC) Web site or contact the Public Disclosure Commission for information on its definition of candidacy.)

    4. Who may ask questions of the Ethics Advisory Committee about Canon 4?

      The Ethics Advisory Committee can give advisory opinions only to judges (GR 10). Requests for opinions should be addressed to: Ethics Advisory Committee, c/o Administrative Office of the Courts, Temple of Justice, PO Box 41174, Olympia, WA 98504-1174. The telephone number is (360) 357-2129. The email address is: ethics@courts.wa.gov. Attorney candidates for judicial office should direct their inquiries to: Washington State Bar Association, Lawyer Assistance Department, 1325 Fourth Avenue Suite 600, Seattle, WA 98101--2539. The telephone number is (206) 727-8284 or (800) 945-WSBA, ext. 8284.

      The Ethics Advisory Opinions can be accessed at: http://www.courts.wa.gov/programs_orgs/pos_ethics/.

      Readers of the opinions are urged to review current Code provisions and other citations referenced in the opinions because those authorities may have been amended since a particular opinion was issued.

  1. APPEARING PUBLICLY

    1. May a judge or judicial candidate attend political gatherings?

      Yes. A judge may attend political gatherings during a judicial campaign. A judge or judicial candidate shall not attend political gatherings except as authorized by CJC 4.2(B). CJC 4.2(B) allows judges and judicial candidates to attend political gatherings, including functions sponsored by political organizations. These functions may include: candidate forums, party precinct meetings, county or state party meetings or conventions, community group meetings and county fairs. Also see CJC 4.2 Comment [3].

  1. PUBLIC ENDORSEMENTS

    1. From whom may a judge or judicial candidate seek an endorsement?

      A judge or judicial candidate may seek, accept or use endorsements from any person or organization. CJC 4.2(B)(3).

    2. May a judge or judicial candidate publicly endorse or contribute funds to another candidate for judicial office?

      Yes. CJC 4.1(A)(2) and (3) provide that judges may speak at a function sponsored by a political organization on their behalf or that of another judicial candidate. CJC 4.2 Comment [4] provides that in endorsing or opposing another judicial candidate, the judge or judicial candidate must abide by the same rules governing campaign conduct and speeches as apply to the judge or judicial candidate.

    3. May a judge, who has announced impending retirement, publicly endorse the candidacy of a candidate for judicial office?

      Yes. A retiring judge may endorse a candidate running for judicial office. CJC 4.1(A)(2) and (3) permit a judge who has announced impending retirement to publicly endorse a judicial candidate. See Opinion 88-6.

  1. PLEDGES/PROMISES/COMMITMENTS

    1. May a judge or judicial candidate publicly discuss his or her views on issues that are likely to come before them?

      CJC 4.1(A)(12) prohibits a judge or judicial candidate from making statements in connection with cases, controversies, or issues that are likely to come before the court or from making pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office. Also see CJC 4.1 Comments [12] – [14].

    2. May a judge or candidate for judicial office answer a questionnaire developed by a special interest group?

      The response to this question depends on the questions which are asked in the questionnaire. CJC 4.2(A)(1) provides that judges and judicial candidates shall act in a manner consistent with the independence, integrity, and impartiality of the judiciary. Canon 4 provides that judges and judicial candidates shall not make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office. Ultimately, a candidate must evaluate each question he or she wishes to answer and decide whether it complies with the Code of Judicial Conduct. See Opinion 92-16 and CJC 1.2.

  1. CAMPAIGN STATEMENTS

    1. May a judicial candidate make statements about his or her opponent?

      Yes. A candidate may make truthful statements about the qualifications of his or her opponent. CJC 4.1(A)(10) – (12).

    2. May a judge or judicial candidate respond to personal attacks on his or her record?

      Yes. CJC 4.1(A)(10) and (11) provide a candidate may respond to personal attacks on his or her record so long as the responses are truthful. Also see CJC 4.1 Comment [9].

  1. CAMPAIGN MATERIAL

    1. May a judge be pictured in campaign literature in a judicial robe?

      Yes. It is proper under CJC 4.1(A)(10) for a judge to be pictured in campaign literature in a judicial robe. See Opinion 88-3, 14-07, and CJC 4.1 Comment [7].

      Note: Also see Public Disclosure Commission Interpretation 00-03 (“Use of Robes and Courtrooms in Campaign Literature by District and Municipal Court Judges”) available at: www.pdc.wa.gov.

  1. CAMPAIGN COMMITTEE

    1. Is it proper for a lawyer to practice before a judge, when the lawyer has formed a campaign committee for the judge’s candidacy?

      The lawyer may practice before the judge provided there is a full disclosure of the campaign relationship and the lawyers and parties, independent of the judge’s participation, all agree the campaign relationship is immaterial. See Opinion 88-7.

    2. May a full time or pro tempore judge be listed as a campaign member on letterhead of a judicial campaign letter soliciting endorsements and/or financial contributions?

      Application III of the Code of Judicial Conduct sets forth the provisions with which pro tempore judges are required to comply. A pro tempore judge is defined as a judicial officer who sits on fewer than 12 cases or dockets a year. CJC Terminology “Pro tempore judges.” A pro tempore judge is required to comply while he or she is serving as a pro tempore judge. A full time or judge pro tempore may be listed on letterhead, which will be used to solicit support for a judicial candidate because judges are permitted to support judicial candidates. CJC 4.1(A)(3). But neither may be listed on letterhead which will be used to solicit contributions for a judicial candidate. CJC (A)(4). See Opinion 93-21.

    3. When may a judicial candidate establish a campaign committee?

      A candidate may establish a campaign as soon as he or she decides to seek election to judicial office. “Judicial candidate” is defined in CJC Terminology. The candidate may personally contact individuals, including attorneys, to ask if they would be willing to serve on a campaign committee. Note: “Candidate” is also defined at RCW 42.17A.005.

    4. May members of the candidate’s family serve on the campaign committee or make campaign contributions?

      Yes, members of the candidate’s family may both serve on the campaign committee and make contributions to the campaign. CJC 4.1(A) and 4.4. CJC 4.4(B)(1) requires that only reasonable contributions be accepted and in no event not to exceed the amount provided by law. See RCW 42.17A.410, RCW 42.17A.450, WAC 390-05-400 and chapter 390-17 WAC.

    5. May contributions be received by the campaign committee earlier than 120 days from the date of filing for office is permitted?

      Yes, CJC 4.4(B)(2) refers to restrictions on solicitations of funds not to the receipt of them. A candidate may receive contributions earlier than 120 days before filing is permitted and may accept contributions after the election only to the extent permitted by law. See RCW 42.17A.410.

  1. SOLICITING CONTRIBUTIONS

    1. May a judge or judicial candidate personally solicit funds in support of his or her candidacy?

      CJC 4.1(A)(7) provides that a judge or candidate may not personally solicit or accept funds other than through a campaign committee except for contributions from members of the judge’s family or people who have agreed to serve on the campaign committee. See CJC 4.1 Comment [16].

    2. Who may solicit funds for a judicial candidate?

      CJC 4.4(B)(1) provides that judges or candidates for a judicial office may establish committees to solicit and accept reasonable campaign contributions as provided by law. See Opinion 89-9.

    3. Is there a specific time period for the campaign committee to solicit campaign contributions?

      CJC 4.4(B)(2) provides for the solicitation of contributions no earlier than 120 days before the date when filing for that office is first permitted and may accept contributions after the election only to the extent permitted by law. Superior court candidates should also see WAC 390-17-303.

    4. What contributions may a campaign accept?

      The Code of Judicial Conduct does not place any express monetary limitations on the amount an individual may contribute or who may make contributions to a judicial candidate, but limitations have been imposed on judicial offices. See Public Disclosure Commission Web site: www.pdc.wa.gov/filers, RCW 42.17A and Title 390 WAC.

  1. CAMPAIGN SPENDING

    1. How may campaign money be spent?

      CJC 4.1(A)(8) provides “A judge or judicial candidate shall not use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others except as permitted by law.” RCW 42.17A.445 also prohibits personal use of campaign funds. Therefore, judicial candidates may spend campaign money on bona fide campaign expenses. Some examples are literature, travel, office facilities, advertising, staff, and telephones.

    2. What may be done with unspent campaign funds?

      The Code of Judicial Conduct does not address this issue. RCW 42.17A.430 lists the permissible methods can may be used to dispose of surplus campaign funds. RCW 42.17A.430(8) prohibits the transfer of surplus campaign funds to another candidate or other political committee.

    3. May contributions to judicial campaigns be used to retire a campaign debt to a member of the candidate’s family?

      CJC 4.1(A)(8) provides that a judge or judicial candidate shall not use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others except as permitted by law. Candidates shall comply with all laws requiring public disclosure of campaign finance. RCW 42.17A. RCW 42.17A.445, permits the repayment of loans made to the campaign, with some limitations and reporting requirements apply to those repayments. Therefore, contributions may be used to retire the campaign debt to a member of the judicial officer’s family, again with some restrictions. See Opinion 96-1 and the PDC Web site for current loan repayment statutes and limitations.

  1. CANDIDATE CONTRIBUTIONS

    1. May a judge or judicial candidate make campaign contributions to his or her campaign?

      Yes, a candidate may make contributions to his or her campaign. There is no limit on the amount which may be contributed but there is a limitation on the amount of repayment of loans to the campaign. CJC 4.4(B)(3) provides that candidates shall comply with all laws requiring public disclosure and divesture of campaign finances and to file with the Public Disclosure Commission all reports required by law. RCW 42.17A.445(3) permits the repayment of loans made to the campaign up to a limit. See also RCW 42.17A.765 and WAC 390-16-226. Superior Court candidates see WAC 390-17.303 for eligibility to receive contributions.

  1. FUND RAISING

    1. Is it proper for a judge or judicial candidate to conduct fund raising activities such as holding garage sales, selling raffle tickets, attending an auction, auctioning personal items, or attending a dinner?

      CJC 4.1(A)(7) addresses the fund raising conduct for judicial candidates. Opinion 90-13 addresses each of the situations above. Also see Opinion 95-24.

  1. KNOWING YOUR SUPPORTERS

    1. May a judge or judicial candidate know the names of persons who contributed to his or her campaign?

      CJC 4.4(B)(3) provides that candidates shall comply with all laws requiring public disclosure of campaign finances, which may require knowledge of campaign contributions. The Public Disclosure Commission (RCW 42.17A.105 and RCW 42.17A.110) is empowered to require candidates to sign and file campaign disclosure forms which may include identifying the names of contributors.

    2. May a judge or judicial candidate thank contributors personally?

      Opinion 90-09 states that it is not generally proper for a judge or judicial candidate to send a personal thank you letter for contributions made to the campaign. Members of the candidate’s campaign committee may thank contributors. Because of CJC 4.1(A)(7) there are exceptions to this rule. A judge may send a personal thank you letter to members of the judge’s family or individuals who have agreed to serve on the campaign committee. Also see Opinion 04-06.

    3. Will an attorney’s campaign contribution to a judge’s campaign require the judge to recuse when the attorney appears before him or her?

      Not necessarily. The judge should examine each situation to determine whether the judge should recuse in a particular case because one of the attorneys or parties contributed to the judges’ campaign or whether the contribution should be disclosed to the attorneys and parties. See CJC 2.11.

  1. RECEIPT OF CONTRIBUTION

    1. What should a candidate do with a contribution which is delivered directly to the candidate?

      When an unsolicited contribution is delivered directly to the candidate, the candidate should promptly deliver it to the appropriate campaign official. CJC 4.4. RCW 42.17A.220(1) requires that a contribution be deposited within five business days for receipt.

  1. DISCIPLINARY ACTION UNDER CANON 4

    1. To whom should a violation of Canon 4 be reported?

      Violations of Canon 4 by judicial officers should be reported to the Commission on Judicial Conduct, PO Box 1817, Olympia, WA 98507-1817. The telephone number is (360) 753-4585, Web site: cjc.state.wa.us. A Canon 4 violation by an attorney candidate should be reported to the Washington State Bar Association, Office of Disciplinary Counsel, 1325 Fourth Avenue, Seattle, WA 98101-2539. The telephone number is (206) 727-8207, Web site: wsba.org.

  1. NONJUDICIAL CAMPAIGNS

    1. May a judge participate in the campaigns of nonjudicial political candidates?

      No. CJC 4.1(A)(2) and (3) provide that a judge or candidate for election to judicial office shall not make speeches on behalf of a political organization or nonjudicial candidate or publicly endorse a nonjudicial candidate for office except for participation in a precinct caucus limited to selection of delegates to a nominating convention for President. See Opinion 86-11.

    2. What partisan political campaign contributions may a judge or a judicial candidate’s spouse make?

      The Code of Judicial Conduct does not regulate the conduct of spouses of judges or judicial candidates. See CJC 4.1 Comment [5]. Also see RCW 42.17A.450 for attribution and aggregation of family contributions.

  1. CAMPAIGN RESOURCES AND INFORMATION

    1. Who may a candidate contact about campaign finance questions concerning RCW 42.17A or Title 390 WAC, the state’s campaign finance laws and rules?

      Contact the PDC at: 711 Capitol Way, # 206, PO Box 40908, Olympia WA 98504- 0908. Toll Free: 1.877.601.2828 or (360.753.1111. Email: pdc@pdc.wa.gov. Web site: www.pdc.wa.gov.

    2. Does the PDC provide campaign training for the candidate and/or the campaign treasurer?

      Yes, contact the PDC for more information. The PDC also provides free campaign finance management and reporting software to help with compliance with the law.

    3. Is there any other agency who might be able to offer assistance about election procedures?

      Contact your county auditor or the WA Secretary of State’s Office if you have questions about filing your Declaration of Candidacy, the primary and general election dates, the voters’ pamphlet or other election matters. The Secretary of State’s Web site is: http://www.sos.wa.gov/.

      Public facilities cannot be used to assist campaigns. RCW 42.52.180 and RCW 42.17A.555. Do not use public resources, including courts’ telephones, email systems, computer systems, stationery, staff or facilities to request information or assistance with a judicial campaign.


  

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