State of Washington

Ethics Advisory Committee

Question

Is it proper under the CJC Canon 7(B) for a judicial candidate to conduct the following fund raising activities:

1. Attend a dinner where the tickets are either pre-sold or sold at the door by the candidate or others on the candidate's behalf. The cost of the ticket is in excess of providing the meal and the surplus in intended to be contributed to the judicial candidate for the campaign.

2. Attend an auction, public or by invitation, intended to raise funds for the judicial candidate. Does donation of the items or purchase of the items to be auctioned alter the propriety of attendance at the auction? Does auctioning personal items belonging to the candidate affect the propriety?

3. Conduct a garage or yard sale where items to be sold are solicited by the candidate and delivered to the candidate's home or place of business and the yard sale is conducted at the candidate's home or place of business.

4. Is it a violation of the Canons for the committee for the candidate to sell raffle tickets for a prize to be given at a drawing if: (1) the judge is present at the drawing and/or awards the prize; (2) the candidate is not present at the time of the drawing.

Answer

1. CJC Canon 7(B)(2) prohibits a judicial candidate from attending a dinner where the tickets are either pre-sold or sold at the door by the candidate or others on the candidate's behalf as this would cause the candidate to participate indirectly in the solicitation of funds. It would be proper, however, for the campaign committee to sponsor a fund raising dinner for which tickets are either pre-sold or sold at the door if the candidate did not attend the dinner. If there is no admission charge in addition to the cost of the dinner the candidate could attend the dinner provided the candidate did not participate in any fund raising activities and left the dinner before donations are solicited.

2. CJC Canon 7(B)(2) would permit a judge to attend a fund raising auction if no attendance fee is charged, and the items which are to be auctioned are purchased, but the judicial candidate should leave before the auctioning of the items begins. If the items to be auctioned were donated, and the donor is identified or identifiable, it would not be appropriate for the candidate to attend as it would give the appearance that the candidate is soliciting funds. The candidate may donate personal items to be auctioned, just as the judicial candidate may contribute funds to the campaign, but those items should not be particularly identifiable as having been donated by the candidate.

3. It would not be proper for a judicial candidate to conduct a garage or yard sale where the items to be sold are solicited by the candidate and delivered to the candidate's home or place of business. CJC Canon 7(B)(2) prohibits a candidate from personally soliciting items to be sold. Additionally, it would be inappropriate for the candidate or the campaign committee to have the items delivered to the candidate's home or place of business as that would cause the appearance that the candidate is directly participating in the solicitation of funds. Finally, holding the garage or yard sale at the candidate's place of business or home could give the appearance that the candidate is directly participating in the solicitation of funds. The campaign committee could sponsor a garage or yard sale to raise funds if the candidate did not solicit funds, if the items were delivered to a different location than the candidate's home or place of business and the event was located somewhere other than the candidate's home or place of business.

4. t is permissible under CJC Canon 7(B)(2) for the campaign committee to conduct a raffle to raise funds if otherwise permissible under RCW Chap 9.46 if the candidate is not present at the time of the drawing and does not participate in any fund raising activities of the raffle.

Opinion 90-13

09/21/1990