State of Washington

Ethics Advisory Committee

Question:

May a judge or judicial candidate know the names of persons who contributed to his or her campaign and the amount of the contribution?

Answer:

Yes, a judge or judicial candidate may know the details of campaign contributions including the name and amount. Several CJC rules require a judge to comply with the law. CJC 1.1, CJC 3.15, CJC 4.4(B)(3). "Candidates are responsible for compliance with the requirements of election law and other applicable law, and for the activities of their campaign committees." CJC 4.4, Comment [2]. See also CJC 2.12(A).

The Public Disclosure Commission (PDC) is empowered to require candidates to sign and file campaign disclosure forms. See RCW 42.17A.105, .110, .235 and .240. Specifically, form C-3 Cash Receipts, Monetary Contributions requires disclosure of certain information such as the "...contributors' names, addresses, occupations and employers, as well as amounts given." https://www.pdc.wa.gov/learn/forms. Each candidate must certify the information provided is correct. RCW 42.17A.235(9).

To ensure a campaign committee complies with applicable laws, a judicial candidate may know the names and amounts contributed to their campaign. However, the committee cautions against the inappropriate use of that information. In Opinion 90-09, the committee previously advised a judge should not send personal thank you letters for contributions to the judge's campaign, but the campaign committee may acknowledge the contribution with a thank you letter on the judge's behalf.

Opinion 22-01

03/24/2022