A potential candidate for magistrate judge seeks clarification of Canon 7 respecting the propriety of his appearing at fund-raising events for other political candidates, as well as his attendance at political party business meetings wherein the theme relates to fund-raising activities.

Canon 7B(2) prohibits candidates from being present at a function while solicitations of campaign funds on their behalf are conducted, while Canon 7A(1)(b) prohibits the public endorsement of a candidate for public office.

The Commentary to this latter Section notes that merely having his or her name on the same ticket with other candidates does not constitute a public endorsement, but neither of these sections speak directly to the first issue posed by this request.

However, as the Commission noted in Opinion No. 191, the Supreme Court substantially enlarged permissible political activities for judges in adopting the 1984 Code, and given the rationale of that opinion, the mere attendance by a candidate at a fund-raising event for another candidate would not, standing alone, constitute a prohibited "public endorsement."

In addition, if a private personal financial contribution in an amount exceeding $100.00 does not constitute a public endorsement (Opinion No. 191), the activities described in this request would not be inappropriate so long as they are done in such a way as not to constitute, or appear to constitute, a public endorsement of the candidate (see Opinion No. 141). The Commission makes this determination in recognition of the fact that most judges in this state must themselves periodically seek election to public office, and any other conclusion might be viewed as an unreasonable and unnecessary burden on the political process.

With respect to the second issue posed, a candidate's attendance at political party business meetings relating to fund raising would not be inappropriate provided the judge is not a member of this Committee (Opinion No. 165) and does not participate, either directly or indirectly, in any fund-raising efforts on behalf of the party or any candidate of the party.

This 15th day of December, 1995.
JUDICIAL QUALIFICATIONS COMMISSION
By: John E. James, Chair