Frequently Asked Questions

• I. Complying With Canon 7
• II. Appearing Publicly
• III. Public Endorsements
• IV. Pledges/Promises
• V. Campaign Statements
• VI. Campaign Material
• VII. Campaign Committee
• VIII. Soliciting Contributions
• IX. Campaign Spending
• X. Candidate Contributions
• XI. Fund Raising
• XII. Knowing Your Supporters
• XIII. Receipt of Contribution
• XIV. Disciplinary Action Under Canon 7
• XV. Nonjudicial Campaigns

I. COMPLYING WITH CANON 7

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

   (1) Canon 7, Washington State Code of Judicial Conduct.
   (2) Revised Code of Washington 42.52.180.
   (3) Revised Code of Washington chap. 42.17.

2. Who must comply with Canon 7?

   The Code of Judicial Conduct governs both judges and candidates for judicial office. (See Application of the Code of Judicial Conduct 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 "candidate" as: a person seeking election to judicial office. 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 Canons 7(A) and 7(B). (Contact the Public Disclosure Commission for information regarding the filing necessary to establish candidacy.)

4. Who may ask questions of the Ethics Advisory Committee about Canon 7?

   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 Office for the Administrator for the Courts, Temple of Justice, PO Box 41174, Olympia, WA 98504-1174. The telephone number is (360) 357-2129. Attorney candidates for judicial office should direct their inquiries to: Washington State Bar Association, Lawyer Assistance Department, 2001 Fourth Avenue, Seattle, WA 98121. The telephone number is (206) 727-8284.

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 Canon 7(A)(2). Canon 7(A)(2) 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.

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

   Yes. Canon 7(A)(2) provides that judges may speak at a function sponsored by a political organization on their behalf or that of another judicial candidate. Canon 7(A)(3) provides that judges may contribute to, but shall not solicit funds for another judicial candidate. See Opinions 88-13 and 93-25.

2. 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. Canon 7(A)(1)(b) and specifically 7(A)(1)(b) permits a judge who has announced impending retirement to publicly endorse a judicial candidate. See Opinion 88-6.

1. May a judge or judicial candidate publicly discuss his or her views on disputed legal or political issues?

   Canon 7(B)(1)(c) prohibits judicial candidates from making statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court. The comment to Canon 7(B)(1)(c) provides in part ... "As a corollary, a candidate should emphasize in any public statement the candidate's duty to uphold the law regardless of his or her personal views." See Opinion 90-6.

   Canon 3(A)(7) provides that judges shall not, while a proceeding is pending or is likely to be brought soon in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comments that might substantially interfere with a fair trial or hearing.

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. Canon 7(B)(1) provides that judges and judicial candidates should maintain the dignity appropriate to the judicial office. Canon 7(B)(1)(c)(i) provides that judges and judicial candidates should not make promises of conduct other than the faithful and impartial performance of the duties of the office. Canon 7(B)(1)(c)(ii) prohibits judicial candidates from making statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court. The comment to subsection 7(B)(1)(c) provides in part that a candidate should emphasize in any public statement the candidate's duty to uphold the law regardless of his or her personal views. 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.

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. Canon 7(B)(1)(c) provides that candidates should not knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent.

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

   Yes. Canon 7(B)(1)(c) provides that candidates should not knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent. A candidate may respond to personal attacks on his or her record so long as the responses are truthful.

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

   Yes. It is proper under CJC Canon 7(B)(1)(c)(iii) for a judge to be pictured in campaign literature in a judicial robe. See Opinion 88-3.

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?

   The Application of the Code of Judicial Conduct (A)(2) sets forth the provisions with which pro tempore judges are required to comply. A pro tempore judge is required to comply with Canon 7(A) 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. But neither may be listed on letterhead which will be used to solicit contributions for a judicial candidate. The limitations on the conduct of a pro tempore judge may be controlled by the term of the pro tempore judge's appointment. See Opinion 93-21. (Note: Opinion 93-21 was based on the pre-1995 version of the Code. The Code as amended in 1995 now permits judges only to solicit support for a judicial candidate and not to solicit funds. CJC Canon 7(A)(2) and (3).)

3. May a candidate solicit court staff to volunteer to work on his or her campaign?

   It is not proper for a judge or judicial candidate to solicit court staff as volunteers in a judicial campaign. However, court staff may volunteer to work on a judge or judicial candidate's campaign on their own time. See Opinion 86-9.

4. 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. The candidate may personally contact individuals, including attorneys, to ask if they would be willing to serve on a campaign committee.

5. 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 Canon 7(B) and RCW 42.17.125 do not set any limitation on the amount of money which may be contributed to the campaign.

6. May contributions be received by the campaign committee earlier than 120 days from the date of filing for office is permitted and 60 days after the final election in which the candidate participated?

   Yes, the time frames in Canon 7(B)(2) refer 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 later than 60 days following the final election.

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

   No. Canon 7(B)(2) provides that judges or candidates for judicial office shall not personally solicit or accept campaign funds. Comment to Canon 7(B)(2) states that although campaign contributions of which a judge has knowledge are not prohibited, these contributions may be relevant to recusal. See Opinion 86-17.

2. Who may solicit funds for a judicial candidate?

   Canon 7(B)(2) provides that judges or candidates for a judicial office may establish committees of responsible persons to secure and manage campaign funds. See Opinion 89-9.

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

   Canon 7(B)(2) provides for the solicitation of contributions no earlier than 120 days from the date when filing for that office is first permitted and no later than 60 days after the last time the judge or judicial candidate's name appears on the ballot.

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.

1. How may campaign money be spent?

   "Candidates shall not use or permit the use of campaign contributions for the private benefit of themselves or members of their families." Canon 7(B)(2). 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. However, some alternatives that judicial candidates have used are to keep the funds, return the funds to contributors or to donate them to a charity or another judicial candidate. See RCW 42.17.095 and .125.

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

   Canon 7(B) provides that candidates shall not use or permit the use of campaign contributions for the private benefit of themselves or members of their families. Candidates shall comply with all laws requiring public disclosure of campaign finance. RCW 42.17.125 permits the repayment of loans made to the campaign. Therefore, contributions may be used to retire the campaign debt to a member of the judicial officer's family. See Opinion 96-1.

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 Canon 7(B) provides that candidates shall comply with all laws requiring public disclosure of campaign finances. RCW 42.17.125 permits the repayment of loans made to the campaign. See WAC 390.05.400 for the dollar amount limitations on repayment of these loans.

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 7(B)(2) addresses the fund raising conduct for judicial candidates. Opinion 90-13 addresses each of the situations above. Also see Opinion 95-24.

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

   Canon 7(B)(2) 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 42.17.370) is empowered to require candidates to sign and file campaign disclosure forms which may include identifying the names of contributors. The comment to Canon 7(B)(2) states that although campaign contributions of which a judge has knowledge are not prohibited, they may be relevant to disqualification.

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

   Opinion 90-9 states that it is not 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.

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. Comment to Canon 7(B)(2) states that although campaign contributions of which a judge has knowledge are not prohibited, these contributions may be relevant to recusal. 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.

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. Canon 7(B)(2).

1. To whom should a violation of Canon 7 be reported?

   Violations of Canon 7 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. A Canon 7 violation by an attorney candidate should be reported to the Washington State Bar Association, Office of Disciplinary Counsel, 2001 Fourth Avenue, Seattle, WA 98121. The telephone number is (206) 727-8207.

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

   No. Canon 7(A)(1)(b) provides that a judge or candidate for election to judicial office shall not make speeches for a political organization or nonjudicial candidate or publicly endorse a nonjudicial candidate for office. 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. Rather, it recognizes that judges and judicial candidates should encourage spouses to abide by the provisions in the Code but they cannot compel compliance. Therefore, if a spouse wishes to make political campaign contributions, the judge or judicial candidate should encourage the spouse to do so only in the spouse's name and without reference to the judge or his or her judicial position