ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 90-13


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 canon 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. It 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.