Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter B - FORMAL OPINIONS › Section 02-1 - Time Withdrawn Judicial Candidates Must End Fund Raising

Current through Register Vol. 54, No. 28, July 13, 2024
The Committee has received several requests for advice
					 asking when judicial candidates who have withdrawn their candidacy must end
					 fund raising. Because of the importance of this issue throughout the
					 Commonwealth, the Committee issues this Formal Opinion.
History of Pennsylvania law
Effective January 1, 1999 the Supreme Court amended Canon
					 7B (2) of the Code of Judicial Conduct to expressly provide that fund raising
					 of a judicial campaign must end "no later than the last calendar day of the
					 year in which the judicial election is held." Before the amendment the Code did
					 not expressly provide when fund raising must end. However, before the amendment
					 this Committee had decided that after an election, a judge could have only one
					 fund raiser, the judge could not attend, and the fund raiser was required to be
					 held within 6 months after the judge was sworn in.
The Pennsylvania Code of Judicial Conduct does not
					 expressly address the time when a withdrawn judicial candidate must end fund
					 raising.
Other Jurisdictions
In contrast to Pennsylvania, the Ohio Code of Judicial
					 Conduct expressly provides the time when defeated or withdrawn judicial
					 candidates must end fund raising. That time is the earlier of the time the
					 campaign debt is paid off or 120 days after the defeat or withdrawal. Ohio Code
					 of Judicial Conduct 7(C)(4)(b),(c). Candidates who participate in the general
					 election may raise funds until 120 days after the general election. Ohio Code
					 of Judicial Conduct 7(C)(4)(a).
In New York judicial candidates who do not run in the
					 general election can raise funds for six months after the primary, convention,
					 caucus, or meeting. New York Codes, Rules and Regulations sections
					 100.0(Q),
					 100.5(A)(5).
					 Candidates who run in the general election may raise funds for six months after
					 the general election. Id.
Some other jurisdictions measure the ending time for fund
					 raising from the number days after the last election in which the candidate
					 participates during the election year and do not expressly address withdrawn
					 candidates. E.g., Nebraska Code of Judicial Conduct 5C (2) (30 days);
					 Washington Code of Judicial Conduct 7B (2) (60 days); North Dakota Code of
					 Judicial Conduct 5C (2) (90 days); Alabama Canons of Judicial Ethics 7B (4)(b)
					 (120 days). The 1972 American Bar Association Model Code of Judicial Conduct
					 and the 1990 American Bar Association Model Code of Judicial Conduct provide
					 for 90 days.
The Kentucky Code of Judicial Conduct prohibits any fund
					 raising after the general election. Kentucky Rules of the Supreme Court 4.300,
					 Code of Judicial Conduct 5B (2).
Louisiana permits post election fund raising only for the
					 purpose of extinguishing campaign debt resulting from that election. Louisiana
					 Code of Judicial Conduct 7D (3).
Rationale for the Committee's
					 Opinion
Pennsylvania Code of Judicial Conduct 7B (2) provides in
					 pertinent part:
A candidate's committees may solicit funds for his campaign
					 no earlier than thirty (30) days prior to the first day for filing nominating
					 petitions or the last day for filing a declaration of intention to seek
					 reelection on a retention basis, and all fundraising activities
in
					 connection with such judicial campaign
shall terminate no later than
					 the last calendar day of the year in which the judicial election is
					 held.
(Emphasis added).
The Committee observes that the Code limits candidates who
					 participate in the general election to a post election fund raising period of
					 less than sixty days, i.e. from the date after the general election (which is
					 held in November) to December 31. The Committee considered whether candidates
					 who withdraw should be limited to fund raising after their withdrawal by the
					 same number of days as candidates who participate in the general election have
					 after the general election, a period of less than sixty days. However, because
					 the language of the Code provides the date by which fund raising must end
					 rather than the number of days after the general election and does not refer to
					 the general election in selecting the ending date, the Committee rejected the
					 view that fund raising must end by a period of less than sixty days after the
					 candidate withdraws, i.e. the number of days a candidate in the general
					 election would have to fund raise after the general election.
However, as indicated by the above underlined portions of
					 the Code, in addition to the December 31 cut off date, the Code limits fund
					 raising "for his campaign" and "in connection with such judicial campaign."
					 These limits require that a withdrawn judicial candidate end fund raising when
					 the campaign debt has been extinguished. The reason is that for a withdrawn
					 candidate, because such judicial campaign has ended, any fund raising after the
					 debt has been extinguished could not be for "such judicial campaign." To give
					 effect to all the provisions of Code of Judicial Conduct 7B (2), a withdrawn
					 judicial candidate must end fund raising when the campaign debt has been
					 extinguished or by December 31 of the election year, whichever occurs
					 first.