(A) A judicial candidate shall not personally solicit campaign contributions, except as expressly authorized in this division, and shall not personally receive campaign contributions. A judicial candidate may establish a campaign committee to manage and conduct a campaign for the candidate, subject to the provisions of this Code. The judicial candidate is responsible for ensuring that his or her campaign committee complies with applicable provisions of this Code and other applicable law. A judicial candidate may solicit campaign contributions in the following manner: (1) A judicial candidate may make a general request for campaign contributions when speaking to an audience of twenty or more individuals; (2) A judicial candidate may sign letters soliciting campaign contributions if the letters are for distribution by the judicial candidate's campaign committee and the letters direct contributions to be sent to the campaign committee and not to the judicial candidate;(3) A judicial candidate may make a general request for campaign contributions via an electronic communication that is in text format if contributions are directed to be sent to the campaign committee and not to the judicial candidate. (B) A judicial candidate shall prohibit public employees subject to his or her direction or control from soliciting or receiving campaign contributions. (C) The campaign committee of a judicial candidate shall not knowingly solicit or receive, directly or indirectly, for any political or personal purpose any of the following: (1) 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. (2) 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.(3) A contribution from a political party unless the contribution is made from a separate fund established by the political party solely to receive donations for judicial candidates and the political party reports on the contribution and expenditure statements filed by the party the name, address, occupation, and employer of each person who contributed to the separate fund established by the political party. (D) As used in division (C) of this rule: (1) "Appointee" does not include a person whose appointment is approved, ratified, or made by the court based on an intention expressed in a document such as a will, trust, agreement, or contract.(2) "Court" means the court for which the judicial candidate is seeking election and, if applicable, the court on which he or she currently serves. If the judicial candidate is seeking election to a division of a court of common pleas or a municipal court, "court" means the division of the court for which the judicial candidate is seeking election and, if applicable, the court or division of the court on which he or she currently serves. (3) "Division" means any of the following whether separate or in combination: general division of the court of common pleas; domestic relations division of the court of common pleas; juvenile division of the court of common pleas; probate division of the court of common pleas; housing or environmental division of the municipal court.(4) "Compensation" does not include reasonable reimbursement for travel, meals, and other expenses received by an appointee who serves in a volunteer capacity. (E) The campaign committee of a judicial candidate may begin soliciting and receiving contributions no earlier than one hundred eighty days before the first Tuesday after the first Monday in May of the year in which the general election is held. If the general election is held in 2012 or any fourth year thereafter, the campaign committee of a judicial candidate may begin soliciting and receiving contributions no earlier than one hundred eighty days before the second Tuesday after the first Monday in March of the year in which the general election is held. Except as provided in divisions (F) and (G) of this rule, the solicitation and receipt of contributions may continue until one hundred twenty days after the general election.(F) If the candidate is defeated prior to the general election, the solicitation and receipt of contributions may continue until such time as the contributions solicited are sufficient to pay the campaign debts and obligations of the judicial candidate incurred on or before the date of the primary election, plus the costs of solicitation incurred after the date of the primary election, but in no event shall the solicitation or receipt of contributions continue beyond one hundred twenty days after the date of the election at which the defeat occurred. Notwithstanding division (J) of this rule, the limits on contributions in a primary election period shall apply to any contributions solicited or received by the campaign committee of the defeated judicial candidate after the date of the primary election. (G) In the case of the death or withdrawal of a judicial candidate, the solicitation and receipt of contributions may continue until such time as the contributions solicited are sufficient to pay the campaign debts and obligations of the judicial candidate incurred on or before the date of death or withdrawal, plus the costs of solicitation incurred after the date of death or withdrawal, but in no event shall the solicitation or receipt of contributions continue beyond one hundred twenty days after the date of death or withdrawal. (H) Notwithstanding any provision of division (E) of this rule to the contrary, a judicial candidate may do either or both of the following: (1) Not more than ninety days prior to the commencement of the one hundred eighty-day fundraising period described in division (E) of this rule, contribute personal funds to his or her campaign committee;(2) After the conclusion of the applicable fundraising period described in division (E), (F), or (G) of this rule, contribute personal funds to his or her campaign committee for the express purpose of satisfying any campaign debt that was incurred during the applicable fundraising period and that remains unpaid at the conclusion of the applicable fundraising period. The name of the individual or entity to whom the debt is owed, the amount of the debt, and the date on which the debt was incurred shall be clearly noted on the appropriate campaign contribution and expenditure statement. (I) Except as otherwise provided in division (J) of this rule, the campaign committee of a judicial candidate shall not directly or indirectly solicit or receive in the fundraising period allowed by division (E), (F), or (G) of this rule a campaign contribution aggregating more than the following:(1) From an individual other than the judicial candidate or a member of his or her immediate family, four thousand one hundred dollars in the case of a judicial candidate for chief justice or justice of the Supreme Court, one thousand four hundred dollars in the case of a judicial candidate for the court of appeals, or six fifty hundred dollars in the case of a judicial candidate for the court of common pleas, municipal court, or county court.(2) From any organization, seven thousand five hundred dollars in the case of a judicial candidate for chief justice or justice of the Supreme Court or four thousand one hundred dollars in the case of all other judicial candidates.(3) From a political party: (a) Three hundred seventy-three thousand nine hundred dollars in the case of a judicial candidate for chief justice or justice of the Supreme Court;(b) Eighty-one thousand seven hundred dollars in the case of a judicial candidate for the court of appeals;(c) Eighty-one thousand seven hundred dollars in the case of a judicial candidate for a court of common pleas, municipal court, or county court that serves a territorial jurisdiction with a population of more than seven hundred fifty thousand;(d) Sixty-seven thousand nine hundred dollars in the case of a judicial candidate for a court of common pleas, municipal court, or county court that serves a territorial jurisdiction with a population of seven hundred fifty thousand or less;(J) If a judicial candidate is opposed in a primary election, the campaign committee of that judicial candidate shall not directly or indirectly solicit or receive either of the following: (1) A campaign contribution from an individual or an organization aggregating more than the applicable limitation contained in division (I)(1) or (2) of this rule in a primary election period or in a general election period;(2) A campaign contribution from a political party aggregating more than the applicable limitation contained in division (I)(3) of this rule in a general election period or aggregating more than the following during a primary election period: (a) Two hundred three thousand nine hundred dollars in the case of a judicial candidate for chief justice or justice of the Supreme Court;(b) Forty thousand eight hundred dollars in the case of a judicial candidate for the court of appeals;(c) Forty thousand eight hundred dollars in the case of a judicial candidate for a court of common pleas, municipal court, or county court that serves a territorial jurisdiction with a population of more than seven hundred fifty thousand;(d) Thirty-four thousand dollars in the case of a judicial candidate for a court of common pleas, municipal court, or county court that serves a territorial jurisdiction with a population of seven hundred fifty thousand or less.(K) As used in division (J) of this rule, "primary election period" begins on the first day on which contributions may be solicited and received pursuant to division (E) of this rule and ends on the day of the primary election, and "general election period" begins on the day after the primary election and ends on the last day on which contributions may be solicited or received pursuant to division (E) of this rule.(L) For purposes of division (I), (J), and (K) of this rule: (1) Contributions received from political action committees that are established, financed, maintained, or controlled by the same corporation, nonprofit corporation, partnership, limited liability company, association, professional association, continuing association, estate, trust, business trust, or other entity, including any parent, subsidiary, local, division, or department of that same corporation, nonprofit corporation, partnership, limited liability company, association, professional association, continuing association, estate, trust, business trust, or other entity, shall be considered to have been received from a single political action committee.(2) All contributions received by a judicial candidate from a national, state, or county political party shall be combined in applying the limits set forth in division (J)(3) of this rule. (3) In-kind contributions consisting of goods and compensated services shall be assigned a fair market value by the campaign committee and shall be subject to the same limitations and reporting requirements as other contributions.(4) A loan made to a campaign committee by a person other than the judicial candidate or a member of his or her immediate family shall not exceed an amount equal to two times the applicable contribution limit, and amounts in excess of the applicable contribution limit shall be repaid within the fundraising period allowed by division (E) of this rule. A debt remaining at the end of the fundraising period shall be treated as a contribution and subject to the applicable contribution limit.(5) A debt incurred by a judge or judicial candidate in a previous campaign for public office and forgiven by the individual, organization, or political party to whom the debt is owed shall not be considered a campaign contribution. (M) In applying the contribution limits contained in division (I) and (J) of this rule, the contributions of an individual or organization to a judicial candidate fund established by a political party shall not be aggregated with other contributions from the same individual or organization made directly to the campaign committee of a judicial candidate unless the campaign committee of the judicial candidate directly or indirectly solicited the contribution to the judicial candidate fund.(N) On or before the first day of December beginning in 2008 and every four years thereafter, the director of the Board of Professional Conduct shall determine the percentage change over the preceding forty-eight months in the Consumer Price Index for All Urban Consumers, or its successive equivalent, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor in responsibility, for all items, Series A. The director shall apply that percentage change to the contribution limitations then in effect and notify the Supreme Court of the results of that calculation. The Supreme Court may adopt revised contribution limitations based on the director's calculation or other factors that the Court considers appropriate.CONTRIBUTION LIMITS
Effective Jfor 2021 Election Cycle and Subsequent Election Cycles
| CANDIDATE FOR: | INDIVIDUAL | ORGANIZATION | POLITICAL PARTY |
| Primary* | General | Primary* | General | Primary* | General |
| Supreme Court Chief Justice and Justice | $4,100 | $4,100 | $7,500 | $7,500 | $203,900 | $373,900 |
| Court of Appeals | $1,400 | $1,400 | $4,100 | $4,100 | $40,800 | $81,700 |
| Common Pleas, Municipal, and County Court more than 750,000 | $650 | $650 | $4,100 | $4,100 | $40,800 | $81,700 |
| 750,000 or less | $650 | $650 | $4,100 | $4,100 | $34,000 | $67,900 |
*Primary limits apply only if the judicial candidate has a contested primary. If there is no contested primary, the general election limits apply throughout the permissible fundraising period. _______________________________________________________________________________
Comment
[1] A judicial candidate is prohibited from personally soliciting campaign contributions and personally receiving campaign contributions. These limitations protect four vital interests: (1) avoiding the appearance of coercion or quid pro quo, especially when a judicial candidate engages in a one-on-one solicitation of a lawyer or party who appears before the court; (2) preserving both the appearance and reality of an impartial, independent, and noncorrupt judiciary; (3) ensuring the public's right to due process and fairness; and (4) furthering the public trust and confidence in the impartiality of the judicial decision-maker. Rule 4.4(A) recognizes that some forms of solicitation are less coercive and less intrusive than others and permits a candidate to engage in solicitations that are less personal and directed at a wider 92 audience. A judicial candidate who directly solicits campaign contributions in a manner authorized by Rule 4.4(A)(1)-(3) is subject to the limitations relating to the solicitation and receipt of campaign contributions contained in Canon 4. Public employees subject to the direction or control of a judicial candidate are prohibited from soliciting or receiving campaign contributions.[2] A judicial candidate may establish a judicial campaign committee to solicit and accept campaign contributions, manage the expenditure of campaign funds, and generally conduct the campaign. In so doing, the campaign committee shall follow the provisions of the rule regarding the solicitation and receipt of contributions. A campaign committee shall follow all time guidelines controlling when judicial fundraising shall begin and end in reference to a particular judicial election.[3] The campaign committee may accept contributions that do not exceed the limitations established for individuals, organizations, and political parties. The judicial candidate is responsible under Rule 4.2(A)(3) for compliance by his or her campaign committee with the limitations established on campaign solicitations and contributions.Comparison to Ohio Code of Judicial Conduct
Rule 4.4 corresponds to Ohio Canon 7(C), with two substantive differences:
* The provisions of Ohio Canon 7(C)(7), governing the use of campaign funds, are moved to Rules 4.1(A)(4), 4.1(B)(2) and (3), and 4.2(B)(3);
* The requirement of Ohio Canon 7(C)(8), requiring a successful candidate to file copies of his or her campaign finance reports with the clerk of court, is not retained. Increasingly, campaign finance statements are available electronically, through web sites maintained by the Secretary of State and county boards of election.
Comparison to ABA Model Code of Judicial Conduct
Model Rule 4.4, governing the conduct of judicial campaign committees, is replaced by Ohio's more comprehensive provisions regulating the solicitation and receipt of campaign contributions. The Ohio version of Rule 4.4 has provisions analogous to Model Rule 4.4(B)(1) and (2).
Rule 4.4, Comments [1] and [2] correspond to the same comments in Model Rule 4.4, with modifications to reflect the content of the Ohio rule. Comment [3] is new and does not correspond to Comment [3] of the Model Rule.
Amendments to the Jud. Cond. Rule 4.4(A) and Comment [1]) adopted by the Supreme Court of Ohio on 8/10/2010, took effect on 8/12/2010; an amendment to the Jud. Cond. Rule 4.4(F) adopted by the Supreme Court of Ohio on August 8, 2011, took effect on August 9, 2011; an amendment to the Jud. Cond. Rule 4.4(F) and Temporary Provision adopted by the Supreme Court of Ohio on October 4, 2011, took effect on October 5, 2011; further amended effective July 1, 2013; last amended effective August 11, 2015; amended November 29, 2016, effective 1/1/2017; amended May 8, 2019, effective 6/1/2019; amended September 22, 2020, effective 10/15/2020.