Can a judicial candidate's campaign committee accept contributions from the clerk of the common pleas court and the clerk's employees?

Plain-English summary

A judicial candidate's committee may accept individual contributions, but Canon 7(C)(2)(a) carved out exceptions. Canon 7(C)(2)(a)(i) barred contributions from court employees and from persons doing business with the court under a contract or arrangement paying them over $250 for goods or services, and Canon 7(C)(2)(a)(ii) allowed contributions from court appointees only with added disclosure. The Board framed the question as whether a clerk of a common pleas court fell into either category.

The Board concluded that an elected clerk of a common pleas court was none of those things. First, the clerk was not a court "employee," because the clerk is elected by the public to a public office and is a county elected officer under Ohio campaign law. Second, the clerk was not a person doing business with the court under a contract or arrangement, because the clerk's compensation is set by statute rather than by contract with the court. Third, the clerk was not a court "appointee," so the Canon 7(C)(2)(a)(ii) disclosure requirements did not apply. The Board extended the same reasoning to the employees of the elected clerk's office, absent facts or law indicating otherwise.

The Board therefore concluded that the committee could accept contributions from the clerk and the clerk's office employees, with each contribution subject to the ordinary individual limits in Canon 7(C)(5)(a)(i).

Currency note

The Ohio Board flags this opinion as a "Former CJC Opinion," meaning it provides advice under the former Ohio Code of Judicial Conduct, which was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009.

This opinion issued in 1998, before that revision. The Ohio Code of Judicial Conduct's campaign provisions, including the former Canon 7 numbering and the contribution-limit framework, have since been revised. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct and applicable campaign-finance law before relying on any specific rule or limit mentioned here.

Common questions

Q: Could a judicial candidate's committee take a contribution from the clerk of the court the candidate was running for?

A: Under this opinion, yes. The Board concluded an elected common pleas clerk was not a court employee, contractor, or appointee under Canon 7(C)(2)(a), so the contribution was permitted within the ordinary individual limits.

Q: What about contributions from the clerk's office employees?

A: The opinion applied the same reasoning to employees of the elected clerk's office, treating them as not court employees, contractors, or appointees absent facts or law indicating otherwise.

Q: Were these contributions unlimited?

A: No. The opinion concluded each contribution remained subject to the individual contribution limits in Canon 7(C)(5)(a)(i).

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct Canon 7(C)(2)(a)(i) and (ii) (campaign-committee contribution restrictions for court employees, contractors, and appointees) and Canon 7(C)(5)(a)(i) (individual contribution limits), read against Ohio statutes defining the office and compensation of a common pleas clerk.

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Judicial Conduct Canon 7(C)(2)(a)(i), Canon 7(C)(2)(a)(ii), Canon 7(C)(5)(a)(i)

Statutes:

• R.C. 2303.26, R.C. 2303.01 (duties and election of common pleas clerk); R.C. 3517.092(A)(4), (5) (county elected officer); R.C. 325.01, 325.08 (clerk compensation)

See also

• Ohio BPC Op. 1998-007: Terminating a Nonjudicial Campaign Committee
• Ohio BPC Op. 1998-008: Judge on Party Executive Committee or Board of Elections

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-98-011.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

                                       OFFICE OF SECRETARY


                                     OPINION 98-11
                                  Issued October 9, 1998

[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is
superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]

SYLLABUS: It is permissible under the Ohio Code of Judicial Conduct for a judicial
candidate seeking election to a court of common pleas to permit his or her judicial
campaign committee to accept contributions from the clerk of court of the court of
common pleas for which the candidate is seeking election and from the employees of the
clerk’s office. The amount of each contribution is subject to the individual contribution
limits in Canon 7(C)(5)(a)(i).

OPINION: The opinion addresses whether a judicial candidate may permit his or her
campaign committee to accept campaign contributions from a clerk of court of a common
pleas court or from employees of the office of the clerk of court of the common pleas
court for which the candidate is seeking election.

   Is it permissible for a judicial candidate seeking election to a court of
   common pleas to permit his or her campaign committee to accept a
   contribution from the clerk of court of the court of common pleas for
   which the candidate is seeking election and to accept contributions from
   the employees of the clerk’s office?

A judicial candidate’s campaign committee is permitted to receive contributions from
individuals, but there are a few stated exceptions. Relevant to this opinion are the
exceptions within Canon 7(C)(2)(a) of the Ohio Code of Judicial Conduct. Canon
7(C)(2)(a)(i) bans the acceptance of contributions from employees of the court or persons
who do business with the court in the form of contractual or other arrangements whereby
the person is paid for goods and services. Canon 7(C)(2)(a)(ii) permits the acceptance of
contributions from appointees of the court but requires disclosure of certain information
pertinent to the appointment.

   Canon 7(C)(2)(a) A judicial candidate personally shall not solicit or
   receive campaign funds. A judicial candidate may establish a committee
   to secure and manage the expenditure of funds for his or her campaign and
   to obtain statements of support for his or her candidacy. The campaign
   committee shall not knowingly receive directly or indirectly for any
   political or personal purpose any of the following:




   (i) A contribution from any employee of the court or person who
       does business with the court in the form of a contractual or
       other arrangement in which the person, in the current year or
       any of the previous six calendar years, received as payment for
       goods or services aggregate funds or fees regardless of the
       source in excess of two hundred fifty dollars. The committee
       may receive campaign contributions from lawyers who are not
       employees of the court or doing business with the court in the
       form of a contractual or other arrangement.

   (ii) A contribution from any appointee of the court unless the
        campaign committee, on its campaign contribution and
        expenditure statement, reports the name, address, occupation,
        and employer of the appointee, identifies the person as an
        appointee of the court, and indicates whether the appointee, in
        the current year or in any of the previous six calendar years,
        received aggregate compensation from court appointments in
        excess of two hundred fifty dollars.

At issue is whether a clerk of court of a common pleas court is considered either (1) a
Canon 7(C)(2)(a)(i) employee of the court or a person who does business with the court
in the form of a contractual or other arrangement in which the person, in the current year
or any of the previous six calendar years, received as payment for goods or services
aggregate funds or fees regardless of the source in excess of two hundred fifty dollars or
(2) a Canon 7(C)(2)(a)(ii) appointee of the court? If a clerk of court falls within either
category then the restrictions of Canon 7(C)(2)(a)(i) or (ii) apply.

The Board acknowledges that there is a close working relationship between a common
pleas court and the clerk of court. A clerk of court of a common pleas court exercises the
power conferred and duties enjoined upon the clerk by statute and common law and in
performing the duties of the office works under the direction of the court. See Ohio Rev.
Code Ann. § 2303.26 (Baldwin 1994).

However, for the reasons stated below, the Board interprets the Ohio Code of Judicial
Conduct as permitting a judicial candidate’s committee to accept contributions from an
elected clerk of court of a court of common pleas and from employees of that clerk’s
office. As with other contributions, the amount of each contribution would be subject to
the individual contribution limits set forth in Canon 7(C)(5)(a)(i).

First, a clerk of court of a common pleas court is not considered to be an employee of the
court under Canon 7(C)(2)(a)(i). A clerk of court of a common pleas court is elected by
the public to a public office. See Ohio Rev. Code Ann. § 2303.01 (Baldwin 1994).
Under Ohio campaign law a clerk of a court of common pleas is a “county elected
officer” elected to a “county elective office.” See Ohio Rev. Code Ann. §3517.092(A)(4)

and (5) (Baldwin Supp. 1998). Thus, as an elected public officer, the clerk of court of a
common pleas court is not considered to be an “employee of the court” for purposes of
Canon 7(C)(2)(a)(i). Employees of the office of an elected clerk of court of common
pleas are also not considered to be “employee[s] of the court” for purposes of Canon
7(C)(2)(a)(i), unless there are facts or law to indicate otherwise.

Second, an elected clerk of court is not considered to be a person under Canon
7(C)(2)(a)(i) who does business with the court in the form of a contract or other
arrangement with the court whereby the person is paid for goods and services. An elected
clerk is not paid by a “contract” or “arrangement” with the court. Compensation is set by
state law. See Ohio Rev. Code Ann. §§ 325.01, 325.08 (Baldwin 1994). The employees
of the office of an elected clerk of a court of a common pleas court are also not viewed as
having a contract or arrangement with the court whereby they are paid for goods and
services under Canon 7(C)(2)(a)(i), unless there are facts or law to indicate otherwise.

Third, an elected clerk of a court of common pleas is not an appointee of the court. Since
an elected clerk of court is not an appointee, his or her contributions to a judicial
campaign committee would not be subject to the added disclosure requirements of Canon
7(C)(2)(a)(ii). The employees of the office of an elected clerk of court of a common pleas
court are also not considered “appointees” of the court under Canon 7(C)(2)(a)(ii), unless
there are facts or law to indicate otherwise.

In conclusion, this Board advises that it is permissible under the Ohio Code of Judicial
Conduct for a judicial candidate seeking election to a court of common pleas to permit his
or her judicial campaign committee to accept contributions from the clerk of court of the
court of common pleas for which the candidate is seeking election and from the
employees of the clerk’s office. The amount of each contribution is subject to the
individual contribution limits in Canon 7(C)(5)(a)(i).

Advisory Opinions of the Board of Commissioners on Grievances and Discipline are
informal, nonbinding opinions in response to prospective or hypothetical questions
regarding the application of the Supreme Court Rules for the Government of the
Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the
Code of Professional Responsibility, the Code of Judicial Conduct, and the
Attorney’s Oath of Office.