State of Washington

Ethics Advisory Committee

Questions:

May a judge permit their non-judicial spouse to host a judicial campaign event for another judicial candidate at their shared home? If yes, to what extent can the judge participate in the event? The judge would not be listed as a host or identified on the invitation or other materials. There would be no cost to attend. Fundraising could occur in one of two ways:

• Some speeches would be offered toward the middle of the event that would encourage the attendees to financially support the judicial candidate.
• Alternatively, there would be a designated area with contribution envelopes and QR codes. A campaign manager would collect funds and answer questions.

To avoid the appearance that the hosting judge is soliciting contributions, the judge plans to leave the area where contributions are solicited. If the event doesn't have a planned fundraising aspect, but contributions are still made at the event, does this make a difference?

Answer:

A judge shall comply with the law, including the Code of Judicial Conduct. CJC Rule 1.1. A judge shall act at all times in a manner that avoids impropriety and the appearance of impropriety. CJC Rule 1.2. A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so. CJC Rule 1.3. A judge may participate in extrajudicial activities, but shall not engage in conduct that would be coercive. CJC Rule 3.1(D).

A judge or judicial candidate shall not publicly endorse or oppose a nonjudicial candidate for any public office, except for participation in a precinct caucus limited to selection of delegates to a nominating convention for the office of President of the United States. CJC Rule 4.1(A)(3). However, the CJC rules do not prohibit judicial candidates from campaigning on their own behalf or from endorsing or opposing candidates for judicial office, and there is no express rule prohibiting a judge from publicly endorsing a judicial candidate. CJC Rule 4.1, comment [4]. Accordingly, we conclude that a judge may publicly support a judicial candidate.

However, a judge may not personally solicit or accept campaign contributions except from members of the judge's family or individuals who agree to serve on the judge's own campaign committee. CJC Rule 4.1(A)(7); CJC Rule 4.1, comment [1].1 "Personally solicit" means a direct request made by a judge for financial support or in-kind services, whether made by letter, telephone, or any other means of communication. CJC Terminology. Personal solicitation of campaign funds, except as provided for in CJC Rule 4.1(A)(7), whether for the judge's own campaign or for the campaign of another judicial candidate, can be perceived as coercive and an abuse of power. See CJC Rule 4.1, comment [16]. To avoid public misunderstanding, judges should take, and should urge members of their families to take, reasonable steps to avoid any appearance that the judge is using the prestige of their judicial office to endorse a family memberâ??s political activity. CJC Rule 4.1, comment [5].

In EAO 95-24, the committee held that a judicial candidate may generally attend their own judicial campaign fundraising event if the fundraising takes place outside the presence of the judicial candidate. EAO 95-24 did not consider whether fundraising for a judicial candidate may occur at the home of a judge.

In EAO 86-08, the committee held a judge's spouse, who is a partisan political candidate, may host fundraising events at the family home if the judge refrains from all participation and is in no way identified with the political activities of their spouse. A distinguishing factor between the question in EAO 86-08 and the question presented here is that in the intervening 37 years since EAO 86-08, public information related to a judge (e.g., address, spouse's name, etc.) is more readily available, so even though the judge would not be listed as a host or identified on the invitation, more than likely, those in attendance will be aware that the event is being held at the judge's home.

In light of the rules relating to conduct expected of judges, judicial campaigns, and the prohibition against personally soliciting campaign contributions, a judge may support a judicial candidate and attend a judicial candidateâ??s campaign event. However, holding an event at the judge's home that involves fundraising gives rise to a reasonable appearance and plausible inference that the judge is soliciting the campaign contributions, even if the judge is not involved in planning and not present at the time of the event.

The judge should not consent or appear to consent to the use of their residence for fundraising as it gives the appearance of soliciting contributions. Thus, the judge should strongly discourage the spouse from hosting the fundraiser at the judge's residence. This will avoid the appearance that the judge is soliciting contributions and a possible violation of the Code of Judicial Conduct.

¹   A judge pro tempore is not required to comply with CJC Rule 4.1. CJC Application III.

Opinion 23-05

10/16/2023