Also known as: S-election · S elections · Subchapter S election · S corp election · IRC 1362 election
Written by attorneys · grounded in primary & secondary sources — see below
A judicial campaign by which a judge seeks election or retention in office through popular vote. Campaign contributions to such an effort are evaluated in context to determine whether they create an appearance of partiality requiring recusal.
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Steven Silva, a lawyer, made a modest campaign donation to Judge Santiago Sanchez two years before a case involving Silva's client reached the judge's docket. The amount was small relative to the total funds raised and bore no relation to the pending matter. The judge properly declined to recuse because a reasonable observer would not question impartiality on these facts.
Sabrina Shah contributed well above the threshold amount to Judge Samuel Soto's retention campaign within the prior year. When the judge later sought to appoint Shah to a compensated position, a timely motion by an interested party brought the contribution to light. The judge was required to forgo the appointment.
A contribution requires recusal only when, after considering its amount, proportion of total funds, timing, and connection to the case, a reasonable person would question the judge's impartiality. Routine contributions do not automatically trigger disqualification.
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No. The prohibition applies only when the contribution exceeds the stated dollar threshold within the specified period and the position is compensated, unless an exception such as rotation from a neutral list applies.
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