JI-152

August 24, 2022

SYLLABUS

A sitting judge or a judicial candidate may be a member of their own planning committee for judicial office provided it is separate and apart from their campaign committee and that distinction is clearly delineated, and that the sole function of the planning committee is to plan the strategies for the campaign for the judicial office. A judge may not be a member of their own campaign committee for judicial office.
References: JI-14, JI-81, MCJC 7A(2), and 7B(2)(a), (b), and (c).

TEXT

A sitting judge seeking reelection inquires whether a judicial candidate may be a member of their own planning committee for judicial office. This committee opined in ethics opinion JI-14 that  a judge may be a member of a planning committee for another judge or candidate for judicial office. However, the opinion did not address whether a judge or a candidate may be a member of their own planning committee. This opinion seeks to rectify that outstanding issue.
MCJC 7A(2) states: 

(2) A judge or candidate for judicial office may: 

(a) attend political gatherings; 
(b) speak to such gatherings on his own behalf or on behalf of other judicial candidates; 
(c) contribute to a political party. 

Further, MCJC 7B states:

(2) These provisions govern a candidate, including an incumbent judge, for a judicial office: 

(a) A candidate should not personally solicit or accept campaign funds, or solicit  publicly stated support by improper use of the judicial office in violation of B(1)(c).  A candidate may send a thank-you note to a contributor. 
(b) A candidate may establish committees of responsible persons to secure and  manage the expenditure of funds for the campaign and to obtain public statements  of support (including support from lawyers) for the candidacy. 
(c) Such committees may solicit and accept campaign contributions from the public, including lawyers, as permitted by law. 
(d) A candidate’s committee may not directly or indirectly accept funds from any committee that was established in connection with the candidate’s attempt to secure any other judicial or nonjudicial office. The committee may solicit funds for the campaign no earlier than February 15 of the year of the election, and may not solicit or accept funds after the date of the general election. 

. . . 
Due to the restrictions of MCJC 7, a sitting judge may not be a member of a judicial candidate’s campaign committee. Therefore, a judicial candidate, whether incumbent or not, may not serve on their own campaign committee due to the primary functions being solicitation and acceptance of campaign funds. However, a judicial candidate, whether incumbent or not, may serve on their own planning committee as the work completed within a planning committee does not violate the spirit and language of MCJC 7, provided that “the committee is separate and distinct from the candidate’s campaign committee, and is clearly differentiated as such.” See ethics opinion JI-14. The planning committee may be formed prior to February 15 of the year of the election and “may solicit and accept campaign contributions from the public, including lawyers, as permitted by law.” See MCJC 7B(2)(c) and ethics opinion JI-081. The planning committee must only be involved in the planning stages and strategies for a proposed campaign and must cease once the campaign committee is established of which the judicial candidate may not be a member. Id.

Therefore, a sitting judge or a judicial candidate may be a member of their own planning committee for judicial office provided it is separate and apart from their campaign committee and that distinction is clearly delineated, and that the sole function of the planning committee is to plan the strategies for the campaign for the judicial office. A judge may not be a member of their own campaign committee for judicial office.