Can a lawyer contribute to the re-election campaign of a sitting judge?

Plain-English summary

Informal Opinion 2/69 answered an attorney's inquiry about whether it is proper to make campaign contributions to a judge seeking re-election. The committee considered DR 7-110(A) of the then-new Code of Professional Responsibility, which prohibits giving or lending anything of value to a judge or court official where the gift or loan is for the purpose of, or likely to, influence the judge's judgment or gain a benefit for the lawyer or client. It balanced that against provisions defining a lawyer's task to help improve the courts and the point that lawyers are generally more able than non-lawyers to appraise judicial candidates' qualifications, giving them a special responsibility in aiding the selection of those who are qualified (EC 8-6).

The committee noted that the Code of Judicial Ethics, in Rule 8, recognizes the practical fact that public solicitation is made for judicial campaign funds in Wisconsin, and clearly states that it is preferable that contributions be made to campaign committees rather than to the candidate personally. It added that such contributions should be used only for the purpose of financing the campaign.

The committee also recommended that the Board of Governors consider adopting a policy that no lawyer, alone or with others, engage in conduct from which it might reasonably be inferred that the State Bar of Wisconsin, its Board of Governors, or any of its sections or committees favors or endorses any political party or candidate.

Currency note

This opinion was issued in 1969, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies DR 7-110(A) and EC 8-6 of the former Code together with Rule 8 of the then-current Code of Judicial Ethics. The current counterparts are SCR 20:3.5 / Model Rule 3.5 (impartiality of the tribunal; gifts to judges) and SCR 20:8.2 / Model Rule 8.2 (judicial and legal officials; candidates), with judicial-campaign finance now governed by the Wisconsin Code of Judicial Conduct (SCR Chapter 60). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer contribute to a sitting judge's re-election campaign?

A: Under this opinion, yes, provided the contribution is not made to influence the judge; the committee treated reasonable campaign contributions as permissible.

Q: Should the contribution go to the judge or to a committee?

A: The committee said it is preferable, under Code of Judicial Ethics Rule 8, to contribute to a campaign committee rather than to the candidate personally.

Q: How may the contribution be used?

A: The committee stated that such contributions should be used only for the purpose of financing the campaign.

Background and rules framework

The opinion applied DR 7-110(A) (no gifts to a judge to influence) and EC 8-6 of the former Code, with Code of Judicial Ethics Rule 8 on campaign contributions. The current counterparts are SCR 20:3.5 / Model Rule 3.5 and SCR 20:8.2 / Model Rule 8.2.

Citations and references

Rules of Professional Conduct:

• Model Rule 3.5 / SCR 20:3.5 (impartiality of the tribunal; gifts to judges); former DR 7-110(A)
• Model Rule 8.2 / SCR 20:8.2 (judicial and legal officials; candidates); former EC 8-6

See also

• WI Ethics Op. I-1-73: Lawyers in Judicial Campaigns
• WI Ethics Op. E-72-1: Local Bar Judicial Endorsement Programs
• WI Ethics Op. E-71-1: Testimonial Dinners for Judges and Judicial Candidates

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/I-2-69.pdf