BCGD 1997-06.

Case DateOctober 10, 1997
CourtOhio
Ohio Ethics Opinion 1997. BCGD 1997-06. THE SUPREME COURT OF OHIOBoard of Commissioners on Grievances and DisciplineOPINION 1997-6Issued October 10, 1997 SYLLABUS: An incumbent judge who anticipates a future judicial candidacy may form a judicial campaign committee prior to the Canon 7(C)(4) time period for soliciting and receiving funds. By forming such committee, the incumbent judge becomes a "judicial candidate" subject to any restrictions placed on "judicial candidates" under Canon 7 of the Ohio Code of Judicial Conduct. The judge's judicial campaign committee cannot solicit or receive campaign funds outside the time period allowed in Canon 7(C)(4).Because there is no express prohibition in Canon 7, an incumbent judge's judicial campaign committee may expend retained campaign funds outside the Canon 7(C)(4) time period for soliciting and receiving campaign funds. The expenditure must not be used to solicit campaign funds. Solicitation or receipt of campaign funds is not permitted outside the Canon 7(C)(4) time period.An incumbent judge's judicial campaign committee may mail letters to the legal community outside the time period in Canon 7(C)(4) asking attorneys to serve on the campaign committee, but the letter must not include a solicitation of campaign funds.OPINION: This opinion addresses questions regarding the formation of a judicial campaign committee and the expenditure of campaign funds.
1. Is it proper for an incumbent judge who anticipates a future judicial candidacy to form a judicial campaign committee prior to the start of the time period for soliciting and receiving funds in Canon 7(C)(4)?
2. Is it proper for an incumbent judge's judicial campaign committee to expend retained campaign funds outside the time period for soliciting and receiving funds in Canon 7(C)(4)?
3. Is it proper for an incumbent judge's judicial campaign committee to mail letters to the legal community outside the time period in Canon 7(C)(4) asking attorneys to serve on the campaign committee?
Question One
Is it proper for an incumbent judge who anticipates a future judicial candidacy to form a judicial campaign committee prior to the start of the time period for soliciting and receiving funds in Canon 7(C)(4)?
The formation of a judicial campaign committee is of great importance to a judicial candidate, for it is only...

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