Recent News

August 20, 2010

Judicial Rules Amended

The Supreme Court of Ohio has amended portions of two rules governing disclosure of political party affiliation and solicitations of campaign contributions by judicial candidates in response to a decision by the U.S. Sixth Circuit Court of Appeals last month that struck down similar rules in Kentucky. The amendments became effective August 9.

The amendments to the Ohio Code of Judicial Conduct remove a ban on judicial candidates identifying themselves in advertising as a member of or affiliated with a political party after the primary election. Justices concurred 5-0 in adopting the amendments to Rule 4.2 with Chief Justice Eric Brown and Justice Judith Ann Lanzinger not participating.

In the Comment portion of the revised Rule 4.2, the Justices adopted language urging judicial candidates to minimize references to their party affiliation in campaign materials. The vote to adopt the comment was 4-1 with Justice Paul E. Pfeifer voting no and Chief Justice Brown and Justice Lanzinger not participating.

The amended solicitation rule continues to bar judicial candidates from personally soliciting or receiving campaign contributions, but establishes two new exceptions to the personal solicitation ban. Justices concurred 4-1 in adopting the amendments to Rule 4.4 with Justice Paul E. Pfeifer voting no and Chief Justice Brown and Justice Lanzinger not participating. Those exceptions are: a judicial candidate may make a general request for campaign contributions when speaking to an audience of twenty or more; and 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, not to the candidate.

For the Comment portion of the revised Rules, click here.