Also known as: political contributions · campaign contribution · political donation
Written by attorneys · grounded in primary & secondary sources — see below
A gift, subscription, loan, advance or deposit of anything of value made directly or indirectly to a candidate, incumbent, political party or campaign committee to influence or provide financial support for election to or retention in judicial or other government office. The term excludes uncompensated services and contributions in initiative or referendum elections.
Select any source to read its text and confirm it supports the definition.
Redline & Marsh LLP had given only modest sums to judicial campaigns in prior years. When Justice Keller began selecting coordinating counsel for statewide airbag cases, the firm authorized maximum contributions and hosted fundraisers with the explicit goal of improving its selection chances. The sudden increase tied directly to the appointment opportunity shows the contributions were made to obtain the government legal engagement.
Preston Pratt contributed a modest amount to Judge Ramirez's retention campaign two years earlier. When Pratt later appeared before the judge in an unrelated contract dispute, the opposing party moved to disqualify Ramirez on the basis of the contribution. Because the amount was small relative to total campaign funds and bore no temporal or substantive link to the pending case, the contribution does not create an appearance of partiality requiring disqualification.
A contribution or solicitation violates the rule when the lawyer or firm would not have made or solicited it but for the desire to obtain or be considered for a government legal engagement or judicial appointment. Timing, escalation from prior patterns, targeting of clients, and explicit statements linking the activity to the opportunity all help establish the prohibited purpose.
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No. Lawyers retain the right to participate fully in the political process, including making and soliciting contributions to judicial and other candidates. The prohibition applies only when the contribution is made for the purpose of securing a specific government engagement or appointment.
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Purpose is assessed by examining all circumstances, including the timing relative to the opportunity, any increase in amount or intensity, whether the lawyer targeted clients or colleagues connected to the matter, and any statements tying the activity to obtaining the engagement. A longstanding pattern of support unrelated to the opportunity weighs against finding an improper purpose.
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No. A routine contribution does not require disqualification. Courts examine the amount, its proportion of total campaign funds, timing, and any relationship to the pending case to decide whether a reasonable person would question the judge's impartiality.
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