ADMINISTRATIVE DOCKET, 72 Ohio St.3d 1430 (1995)

649 N.E.2d 190Supreme Court of Ohio.
1995.

ADMINISTRATIVE DOCKET Wednesday, May 3, 1995
On April 10, 1995, in a conference of the court held in public session, the Supreme Court of Ohio undertook judicial election reform by enacting the Report of the Citizens’ Committee on Judicial Elections, as amended. The actions of the court and the votes of the Chief Justice and Associate Justices on the amendments before the court are as follows:

1. On April 10, 1995, it was moved by Wright, J., seconded by Cook, J., that the Report of the Citizens’ Committee on Judicial Elections, incorporated here and attached as an Appendix, be adopted.

It was then moved by Douglas, J., seconded by Resnick, J., thatAmendment #22a to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 9, between lines 67 and 68, insert:

“(11) “EXPENDITURE” MEANS THE DISBURSEMENT OR USE OF A CONTRIBUTION OR PERSONAL FUNDS OF THE JUDICIAL CANDIDATE OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY ON BEHALF OF OR FOR THE BENEFIT OF THE JUDICIAL CANDIDATE FOR THE PURPOSE OF PROMOTING HIS OR HER ELECTION TO JUDICIAL OFFICE OR THE DEFEAT OF HIS OR HER OPPONENT. “EXPENDITURE” DOES NOT INCLUDE AN INDEPENDENT

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EXPENDITURE, UNCOMPENSATED VOLUNTEER SERVICES, OR SLATE CARDS, SAMPLE BALLOTS, OR OTHER PUBLICATIONS OF A POLITICAL PARTY THAT IDENTIFY ALL OF THE CANDIDATES ENDORSED BY THE PARTY IN AN ELECTION.

(12) “INDEPENDENT EXPENDITURE” MEANS AN EXPENDITURE MADE FOR THE PURPOSE OF ADVOCATING THE ELECTION OR DEFEAT OF A JUDICIAL CANDIDATE THAT IS NOT AUTHORIZED BY OR MADE WITH THE CONSENT OF, IN COORDINATION, COOPERATION, OR CONSULTATION WITH, OR AT THE REQUEST OR SUGGESTION OF, A JUDICIAL CANDIDATE OR THE CAMPAIGN COMMITTEE OR AGENT OF THE JUDICIAL CANDIDATE. AS USED IN DIVISION (A)(12) OF THIS CANON:

(a) “ADVOCATING” MEANS ANY COMMUNICATION CONTAINING A MESSAGE ADVOCATING ELECTION OR DEFEAT.

(b) “MADE IN COORDINATION, COOPERATION, OR CONSULTATION WITH, OR AT THE REQUEST OR SUGGESTION OF, A JUDICIAL CANDIDATE OR THE CAMPAIGN COMMITTEE OR AGENT OF THE JUDICIAL CANDIDATE” MEANS MADE PURSUANT TO ANY ARRANGEMENT, COORDINATION, OR DIRECTION BY THE JUDICIAL CANDIDATE, HIS OR HER CAMPAIGN COMMITTEE, OR HIS OR HER AGENT PRIOR TO THE PUBLICATION, DISTRIBUTION, DISPLAY, OR BROADCAST OF THE COMMUNICATION. AN EXPENDITURE IS PRESUMED TO BE SO MADE WHEN IT IS ANY OF THE FOLLOWING:

(i) BASED ON INFORMATION ABOUT THE JUDICIAL CANDIDATE’S PLANS, PROJECTS, OR NEEDS PROVIDED TO THE PERSON MAKING THE EXPENDITURE BY THE JUDICIAL CANDIDATE, OR BY THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE OR AGENT, WITH A VIEW TOWARD HAVING AN EXPENDITURE MADE;

(ii) MADE BY OR THROUGH ANY PERSON WHO IS, OR HAS BEEN, AUTHORIZED TO RAISE OR EXPEND FUNDS, WHO IS, OR HAS BEEN, AN OFFICER OF THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE, OR WHO IS, OR HAS BEEN, RECEIVING ANY FORM OF COMPENSATION OR REIMBURSEMENT FROM THE JUDICIAL CANDIDATE, OR THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE OR AGENT;

(iii) MADE BY A POLITICAL PARTY IN SUPPORT OF A JUDICIAL CANDIDATE, UNLESS THE EXPENDITURE IS MADE BY A POLITICAL PARTY TO CONDUCT VOTER REGISTRATION OR VOTER EDUCATION EFFORTS.

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THE MAKING OF EXPENDITURES ON BEHALF OF A JUDICIAL CANDIDATE, OR ANY PERSON WHO HAS BEEN PLACED IN A POSITION WITH THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE FROM WHICH IT WOULD REASONABLY APPEAR THAT, IN THE ORDINARY COURSE OF JUDICIAL CAMPAIGN-RELATED ACTIVITIES, THE PERSON MAY AUTHORIZE EXPENDITURES.”

On page 20, in line 318, delete “(c)” and insert “(6)(a) THE TOTAL AMOUNT OF EXPENDITURES MADE IN THE FUND RAISING PERIOD ALLOWED BY DIVISION (C)(4) OF THIS CANON BY THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE SHALL NOT EXCEED THE FOLLOWING:

(i) FIVE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OF THE SUPREME COURT;

(ii) THREE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR JUSTICE OF THE SUPREME COURT;

(iii) ONE HUNDRED FIFTY THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF APPEALS;

(iv) ONE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF COMMON PLEAS;

(v) SEVENTY FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR MUNICIPAL OR COUNTY COURT.

(b) IF A JUDICIAL CANDIDATE IS OPPOSED IN A PRIMARY ELECTION, THE TOTAL AMOUNT OF EXPENDITURES MADE BY THE CAMPAIGN COMMITTEE OF THE JUDICIAL CANDIDATE IN THE PERIOD THAT BEGINS ON THE FIRST DAY ON WHICH CONTRIBUTIONS MAY BE SOLICITED AND RECEIVED PURSUANT TO DIVISION (C)(4) OF THIS CANON AND ENDS ON THE DAY OF THE PRIMARY ELECTION SHALL NOT EXCEED THE FOLLOWING:

(i) ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OF THE SUPREME COURT;

(ii) SEVENTY-FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR JUSTICE OF THE SUPREME COURT;

(iii) THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF APPEALS;

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(iv) TWENTY-FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF COMMON PLEAS;

(v) EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR MUNICIPAL OR COUNTY COURT.

(c) ANY EXPENDITURES MADE IN A PRIMARY ELECTION PERIOD BY THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE SHALL BE INCLUDED IN DETERMINING THE TOTAL AMOUNT OF EXPENDITURES MADE BY THE CAMPAIGN COMMITTEE IN THE FUND RAISING PERIOD ALLOWED BY DIVISION (C)(4) OF THIS CANON.

(7)”

On page 21, in lines 323, 325, 329, and 330, after “CONTRIBUTION” insert “AND EXPENDITURE”

On page 21, in line 332, delete “(6)” and insert “(8)”

On page 21, in line 335, delete “(7)” and insert “(9)”

On page 22, in line 350, delete “(8)” and insert “(10)”

On page 25, in line 415, delete “AND” and insert a comma

On page 25, in line 416, after “CONTRIBUTIONS” insert “, AND EXPENDITURES”

The amendment was _____ adopted.

Synopsis
The amendment imposes spending limits on judicial candidates in the following amounts:

Candidate for: Amount:
Chief Justice of the Supreme Court $500,000 Justice of the Supreme Court $300,000 Court of Appeals $150,000 Common Pleas Court $100,000 Municipal and County Court $ 75,000

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The spending limits would apply throughout the fund raising period provided for in Canon 7(C)(4). However, if a judicial candidate has opposition in a primary election, the total expenditures made by the judicial candidate’s campaign committee through the primary election could not exceed the following amounts:

Candidate for: Amount:
Chief Justice of the Supreme Court $125,000 Justice of the Supreme Court $ 75,000 Court of Appeals 37,500 Common Pleas Court $ 25,000 Municipal and County Court $ 18,750

Any amounts spent by the campaign committee during the primary election period would be included in determining the total amount of expenditures made by that committee during the entire fund raising period.

The amendment includes definitions for “expenditures” and “independent expenditures” that are patterned after definitions contained in legislation pending before the General Assembly, except that “expenditure” would include personal funds used by a judicial candidate or a member of his or her immediate family to promote the judicial candidate’s election or the defeat of his or her candidate. The spending limits would be adjusted for inflation every four years.

Following discussion, it was moved by Pfeifer, J., seconded by Resnick, J., that the spending limit for candidates for the courts of appeals be changed from $150,000 to $100,000. Following further discussion, Pfeifer, J., withdrew his proposed amendment, whereon it was moved by Cook, J., seconded by Pfeifer, J., that the spending limits for candidates for the courts of appeals be changed from $150,000 to $90,000, for the courts of common pleas be changed from $100,000 to $75,000, and for the municipal and county courts be changed from $75,000 to $50,000.

The motion was defeated on the following vote:

Moyer, C.J., Douglas, Resnick and F.E. Sweeney, JJ., vote no.

Pfeifer and Cook, JJ., vote yes.

Wright, J., passes because “spending limits are patently unconstitutional.”

It was then moved by Resnick, J., seconded by Pfeifer, J., that the spending limits for candidates for Chief Justice be changed from $500,000 to $400,000, for Associate Justice be changed from $300,000 to $250,000,

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for the courts of appeals be changed from $150,000 to $100,000, for the courts of common pleas be kept at $100,000, and for the municipal and county courts be kept at $75,000. Following discussion, Resnick, J., withdrew her motion, whereupon F.E. Sweeney, J., moved that spending limits for candidates for the courts of appeals and courts of common pleas be set at the same amount of $100,000. The motion failed for want of a second.

Following further discussion, it was moved by Pfeifer, J., seconded by Resnick, J., that the spending limit for candidates for the courts of appeals be changed from $150,000 to $100,000.

The motion was adopted as follows:

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Douglas, J., dissents.

Wright, J., abstains.

It was then moved by Pfeifer, J., seconded by Cook, J., that the spending limit for candidates for the courts of common pleas be changed from $100,000 to $75,000.

The motion was adopted as follows:

Moyer, C.J., Wright, Pfeifer and Cook, JJ., concur.

Douglas, Resnick and F.E. Sweeney, JJ., dissent.

It was then moved by Pfeifer, J., seconded by Cook, J., that the spending limits for candidates for the municipal and county courts be changed from $75,000 to $50,000.

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

It was then moved by Moyer, C.J., seconded by Wright, J., that the spending limit for candidates for Associate Justice be changed from $300,000 to $400,000.

The motion was defeated on the following vote:

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Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., vote no.

Moyer, C.J., and Wright, J., vote yes.

It was then moved by Cook, J., seconded by Wright, J., that the spending limit for candidates for Associate Justice be changed from $300,000 to $350,000.

The motion was adopted as follows:

Moyer, C.J., Wright, F.E. Sweeney and Cook, JJ., concur.

Douglas, Resnick and Pfeifer, JJ., dissent.

Douglas, J., then called the question on Amendment #22a, as amended.

The motion was adopted as follows:

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Wright, J., dissents.

Whereupon Douglas, J., withdrew his Amendment #22, Wright, J., withdrew his Amendment #23, and Resnick, J., withdrew herAmendment #24, all attached as follows:

Amendment # 22

_____ moved to amend as follows:

On page 9, between lines 67 and 68, insert:

“(11) “EXPENDITURE” MEANS THE DISBURSEMENT OR USE OF A CONTRIBUTION ON BEHALF OF OR FOR THE BENEFIT OF A JUDICIAL CANDIDATE FOR THE PURPOSE OF PROMOTING HIS OR HER ELECTION TO JUDICIAL OFFICE OR THE DEFEAT OF HIS OR HER OPPONENT. “EXPENDITURE” DOES NOT INCLUDE AN INDEPENDENT EXPENDITURE, UNCOMPENSATED VOLUNTEER SERVICES, OR SLATE CARDS, SAMPLE BALLOTS, OR OTHER PUBLICATIONS OF A POLITICAL PARTY THAT IDENTIFIES ALL OF THE CANDIDATES ENDORSED BY THE PARTY IN AN ELECTION.

Page 1437

(a) “ADVOCATING” MEANS ANY COMMUNICATION CONTAINING A MESSAGE ADVOCATING ELECTION OR DEFEAT.

(iii) MADE BY A POLITICAL PARTY IN SUPPORT OF A JUDICIAL CANDIDATE, UNLESS THE EXPENDITURE IS MADE BY A POLITICAL PARTY TO CONDUCT VOTER REGISTRATION OR VOTER EDUCATION EFFORTS.

(c) “AGENT” MEANS ANY PERSON WHO HAS ORAL OR WRITTEN AUTHORITY, EITHER EXPRESS OR IMPLIED, TO MAKE OR TO AUTHORIZE THE MAKING OF EXPENDITURES ON BEHALF OF A JUDICIAL CANDIDATE, OR ANY PERSON WHO HAS BEEN PLACED IN A POSITION WITH THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE FROM WHICH IT WOULD REASONABLY APPEAR THAT, IN THE ORDINARY COURSE OF JUDICIAL

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CAMPAIGN-RELATED ACTIVITIES, THE PERSON MAY AUTHORIZE EXPENDITURES.”

On page 20, in line 318, delete “(c)” and insert “(6) THE TOTAL AMOUNT OF EXPENDITURES MADE IN THE FUND RAISING PERIOD ALLOWED BY DIVISION (C)(4) OF THIS CANON BY THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE SHALL NOT EXCEED THE FOLLOWING:

(a) FIVE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OF THE SUPREME COURT;

(b) THREE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR JUSTICE OF THE SUPREME COURT;

(d) ONE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF COMMON PLEAS;

(e) SEVENTY FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR MUNICIPAL OR COUNTY COURT.

(7)”

On page 21, in lines 323, 325, 329, and 330, after “CONTRIBUTION” insert “AND EXPENDITURE”

On page 21, in line 332, delete “(6)” and insert “(8)”

On page 21, in line 335, delete “(7)” and insert “(9)”

On page 22, in line 350, delete “(8)” and insert “(10)”

On page 25, in line 415, delete “AND” and insert a comma

On page 25, in line 416, after “CONTRIBUTIONS” insert “, AND EXPENDITURES”

The amendment was ____ adopted.

Page 1439

Synopsis
The amendment imposes spending limits on judicial candidates in the following amounts:

Candidate for: Amount:
Chief Justice of the Supreme Court $500,000 Justice of the Supreme Court $300,000 Court of Appeals $150,000 Common Pleas Court $100,000 Municipal and County Court $ 75,000

The spending limits would apply throughout the fund raising period provided for in Canon 7(C)(4). The amendment includes definitions for “expenditures” and “independent expenditures” that are patterned after definitions contained in legislation pending before the General Assembly. The spending limits would be adjusted for inflation every four years.

Amendment # 23

_____ moved to amend as follows:

On page 9, between lines 67 and 68, insert:

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(a) “ADVOCATING” MEANS ANY COMMUNICATION CONTAINING A MESSAGE ADVOCATING ELECTION OR DEFEAT.

(iii) MADE BY A POLITICAL PARTY IN SUPPORT OF A JUDICIAL CANDIDATE, UNLESS THE EXPENDITURE IS MADE BY A POLITICAL PARTY TO CONDUCT VOTER REGISTRATION OR VOTER EDUCATION EFFORTS.

On page 20, in line 318, delete “(c)” and insert “(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(b) OF THIS CANON, THE TOTAL AMOUNT OF EXPENDITURES MADE IN THE FUND RAISING PERIOD ALLOWED BY DIVISION (C)(4) OF THIS CANON BY THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE SHALL NOT EXCEED THE FOLLOWING:

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(i) FIVE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OF THE SUPREME COURT;

(ii) FOUR HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR JUSTICE OF THE SUPREME COURT;

(iii) ONE HUNDRED THOUSAND DOLLARS IN THE CASE OF JUDICIAL CANDIDATE FOR THE COURT OF APPEALS;

(iv) IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF COMMON PLEAS OR FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION THROUGHOUT THE ENTIRE COUNTY, AN AMOUNT ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS AND EQUAL TO TWENTY-FIVE CENTS TIMES THE NUMBER OF PERSONS VOTING IN THE LAST GENERAL ELECTION FOR GOVERNOR WITHIN THE TERRITORIAL JURISDICTION OF THE COURT;

(v) FORTY THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION LESS THAN COUNTYWIDE.

(b) IF A JUDICIAL CANDIDATE IS OPPOSED IN A PRIMARY ELECTION, THE LIMITS CONTAINED IN DIVISION (C)(6)(a) OF THIS CANON SHALL APPLY ONLY IN THE PERIOD THAT 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 (C)(4) OF THIS CANON. IF A JUDICIAL CANDIDATE IS OPPOSED IN A PRIMARY ELECTION, THE TOTAL AMOUNT OF EXPENDITURES MADE BY THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE IN THE PERIOD THAT BEGINS ON THE FIRST DAY ON WHICH CONTRIBUTIONS MAY BE SOLICITED AND RECEIVED PURSUANT TO DIVISION (C)(4) OF THIS CANON AND ENDS ON THE DAY OF THE PRIMARY ELECTION SHALL NOT EXCEED THE FOLLOWING:

(i) TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OF THE SUPREMECOURT;

(ii) TWO HUNDRED FIFTY THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR JUSTICE OF THE SUPREME COURT;

(iii) FIFTY THOUSAND DOLLARS IN THE CASE OF JUDICIAL CANDIDATE FOR THE COURT OF APPEALS;

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(iv) IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF COMMON PLEAS OR FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION THROUGHOUT THE ENTIRE COUNTY, AN AMOUNT ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS AND EQUAL TO TWELVE AND ONE-HALF CENTS TIMES THE NUMBER OF PERSONS VOTING IN THE LAST GENERAL ELECTION FOR GOVERNOR WITHIN THE TERRITORIAL JURISDICTION OF THE COURT;

(v) TWENTY THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION LESS THAN COUNTYWIDE.

(7)”

On page 21, in line 331, after the period insert “THIS CALCULATION ALSO SHALL BE APPLIED TO EXPENDITURE LIMITATIONS CONTAINED IN DIVISION (C)(6) OF THIS CANON THAT ARE EXPRESSED IN SPECIFIC DOLLAR AMOUNTS.”

On page 21, in line 332, delete “(6)” and insert “(8)”

On page 21, in line 335, delete “(7)” and insert “(9)”

On page 22, in line 350, delete “(8)” and insert “(10)”

On page 25, in line 415, delete “AND” and insert a comma

On page 25, in line 416, after “CONTRIBUTIONS” insert “, AND EXPENDITURES”

The motion was _____ agreed to.

Synopsis
The amendment imposes spending limits on judicial candidates in the following amounts:

Candidate for: Total Expenditures Cannot Exceed:
Chief Justice $525,000 Justice $400,000

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Court of Appeals $100,000 Court of Common $0.25 times the Pleas or Municipal number of persons or County Court voting in the judicial with countywide district in the last jurisdiction gubernatorial election (rounded to the nearest $100) Municipal or County $40,000 Court with less than countywide jurisdiction

The spending limits apply throughout the fund raising period specified in Canon 7(C)(4), unless the judicial candidate is opposed in a party primary. In that case, the limits set forth above would apply only from the date after the primary election through ninety days after the general election, and the following limits would apply to expenditures made from the beginning of the fund raising period through the date of the primary election:

Candidate for: Total Expenditures Cannot Exceed:
Chief Justice $262,500 Justice $250,000 Court of Appeals $50,000 Court of Common $0.125 times the Pleas or Municipal number of persons or County Court voting in the judicial with countywide district in the last jurisdiction gubernatorial election Municipal or County $20,000 Court with less than countywide jurisdiction

The amendment includes definitions of “expenditures” and “independent expenditures” that are patterned after definitions contained in current law or legislation pending before the General Assembly.

Spending limits stated in terms of specific dollar amounts would be adjusted for inflation every four years.

Amendment # 24

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_____ moved to amend as follows:

On page 9, between lines 67 and 68, insert:

(a) “ADVOCATING” MEANS ANY COMMUNICATION CONTAINING A MESSAGE ADVOCATING ELECTION OR DEFEAT.

(ii) MADE BY OR THROUGH ANY PERSON WHO IS, OR HAS BEEN, AUTHORIZED TO RAISE OR EXPEND FUNDS, WHO IS, OR HAS BEEN, AN OFFICER OF THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE, OR WHO

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IS, OR HAS BEEN, RECEIVING ANY FORM OF COMPENSATION OR REIMBURSEMENT FROM THE JUDICIAL CANDIDATE, OR THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE OR AGENT;

(iii) MADE BY A POLITICAL PARTY IN SUPPORT OF A JUDICIAL CANDIDATE, UNLESS THE EXPENDITURE IS MADE BY A POLITICAL PARTY TO CONDUCT VOTER REGISTRATION OR VOTER EDUCATION EFFORTS.

(a) FIVE HUNDRED THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OF THE SUPREME COURT;

(b) THREE HUNDRED FIFTY THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR JUSTICE OF THE SUPREME COURT;

(d) SEVENTY-FIVE THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF COMMON PLEAS;

(e) FIFTY THOUSAND DOLLARS IN THE CASE OF A JUDICIAL CANDIDATE FOR A MUNICIPAL OR COUNTY COURT;

(7)”

On page 21, in lines 323, 325, 329, and 330, after “CONTRIBUTION” insert “AND EXPENDITURE”

On page 21, in line 332, delete “(6)” and insert “(8)”

On page 21, in line 335, delete “(7)” and insert “(9)”

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On page 22, in line 350, delete “(8)” and insert “(10)”

On page 25, in line 415, delete “AND” and insert a comma

On page 25, in line 416, after “CONTRIBUTIONS” insert “, AND EXPENDITURES”

The motion was _____ agreed to.

Synopsis
The amendment imposes spending limits on judicial candidates in the following amounts:

Candidate for: Total Expenditures Cannot Exceed:
Chief Justice $500,000 Justice $350,000 Court of Appeals $100,000 Court of Common Pleas $ 75,000 Municipal or County Court $ 50,000

The spending limits apply throughout the fund raising period specified in Canon 7(C)(4). The spending limits would be adjusted for inflation every four years.

2. On April 10, 1995, it was moved by Resnick, J., seconded by Pfeifer, J., that Amendment #1 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On pages 1 through 4, delete lines 16 through 95

On page 8, delete lines 60 and 61 and insert:

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“(9) “LAW FIRM” MEANS TWO OR MORE LAWYERS JOINED TOGETHER TO ENGAGE IN THE PRACTICE OF LAW, REGARDLESS OF THE NATURE OF THE ASSOCIATION. “LAW FIRM” INCLUDES, BUT IS NOT LIMITED TO, A PARTNERSHIP, LEGAL PROFESSIONAL ASSOCIATION, LAW CLINIC, CORPORATE LAW DEPARTMENT, OR ATTORNEY GENERAL, PROSECUTING ATTORNEY, LAW DIRECTOR, PUBLIC DEFENDER, LEGAL AID, OR OTHER PUBLIC OFFICE.”

On page 14, in line 189, delete “TWO HUNDRED AND”

On page 14, in line 190, delete “FIFTY” and insert “ONE THOUSAND”

On page 15, in line 201, delete “TWO HUNDRED FIFTY” and insert “ONE THOUSAND”

On page 18, delete lines 273 through 275 and insert a period

The motion was _____ agreed to.

Synopsis
The amendment removes all proposed disqualification provisions from the amendments to Canon 3 of the Code of Judicial Conduct and revises the proposed contribution limitations by prohibiting any judicial candidate from receiving a campaign contribution from an individual in excess of $1,000. The amendment increases to $1,000 threshold at which a judicial candidate is prohibited from receiving contributions from persons doing business with the court and requires that a contributor who received compensation from court appointments in excess of $1,000 be identified as an appointee on the judicial candidate’s campaign finance report.

The amendment retains the proposed definition of “law firm” and moves the proposed definition to Canon 7.

Following discussion, Resnick, J., withdrew her amendment, whereupon it was moved by Moyer, C.J., that Amendment #32a to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On pages 1 through 4, delete lines 16 through 95

On page 8, delete lines 60 and 61 and insert:

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“(9) `LAW FIRM’ MEANS TWO OR MORE LAWYERS JOINED TOGETHER TO ENGAGE IN THE PRACTICE OF LAW, REGARDLESS OF THE NATURE OF THE ASSOCIATION. “LAW FIRM” INCLUDES, BUT IS NOT LIMITED TO, A PARTNERSHIP, LEGAL PROFESSIONAL ASSOCIATION, LAW CLINIC, CORPORATE LAW DEPARTMENT, OR ATTORNEY GENERAL, PROSECUTING ATTORNEY, LAW DIRECTOR, PUBLIC DEFENDER, LEGAL AID, OR OTHER PUBLIC OFFICE.”

On page 18, in line 274, delete “OR” and insert a comma

On page 18, delete line 275 and insert “A CANDIDATE FOR THE COURT OF APPEALS, OR TWO HUNDRED FIFTY DOLLARS IN THE CASE OF A CANDIDATE FOR THE COURT OF COMMON PLEAS, MUNICIPAL COURT, OR COUNTY COURT”

The motion was _____ agreed to.

Synopsis
The amendment removes all proposed disqualification provisions from the amendments to Canon 3 of the Code of Judicial Conduct and revises the proposed contribution limitations to prohibit the receipt of contributions from an individual in excess of $1,000 in the case of a judicial candidate for the Supreme Court, $500 in the case of a judicial candidate for the court of appeals, and $250 in the case of all other judicial candidates.

The amendment retains the proposed definition of “law firm” and moves the proposed definition to Canon 7.

The motion was adopted as follows:

Moyer, C.J., Douglas, Resnick and F.E. Sweeney, JJ., concur.

Wright, Pfeifer and Cook, JJ., dissent.

Whereupon Moyer, C.J., withdrew Amendment #32b and Pfeifer, J., withdrew Amendment #2:

Amendment #32b

Page 1449

_____ moved to amend as follows:

On page 1, in line 26, delete “JUDGE” and insert “CHIEF JUSTICE OR A JUSTICE OF THE SUPREME COURT”

On page 1, in line 28, delete “TWO HUNDRED FIFTY” and insert “FIVE HUNDRED”

On page 1, in line 29, delete everything after “MORE”

On page 1, in line 30, delete everything through the second comma

On page 18, in line 274, delete “OR” and insert a comma

The motion was _____ agreed to.

Synopsis
The amendment deletes the proposed provision that mandates the disqualification of a trial or appellate judge from a case where the judge has received a campaign contribution in excess of a specified amount from an individual party or attorney involved in the case. The amendment does not alter the disqualification provisions applicable to justices of the Supreme Court or the disqualification provisions applicable to trial and appellate court judges who receive contributions an organization in excess of $2,000.

The amendment revises the proposed contribution limitations to prohibit the receipt of contributions from an individual in excess of $1,000 in the case of a judicial candidate for the Supreme Court, $500 in the case of a judicial candidate for the court of appeals, and $250 in the case of all other judicial candidates.

Amendment #2

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_____ moved to amend as follows:

On pages 1 through 4, delete lines 16 through 95

On page 8, delete lines 60 and 61 and insert:

The motion was _____ agreed to.

Synopsis
The amendment removes all proposed disqualification provisions from the amendments to Canon 3 of the Code of Judicial Conduct. The amendment retains the proposed definition of “law firm” and moves the proposed definition to Canon 7.

3. On April 10, 1995, it was moved by Pfeifer, J., seconded by Cook, J., that Amendment #10 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 16, in line 224, after “A” insert “JUDICIAL”

The motion was _____ agreed to.

Synopsis
The amendment limits the proposed ban on a judicial candidate’s participating in or receiving contributions from “tiered” fund raising events to judicial fund raising events.

Page 1451

The motion was adopted as follows:

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Wright, J., dissents.

4. On April 10, 1995, it was moved by F.E. Sweeney, J., seconded by Wright, J., that Amendment #11 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 16, in line 229, reinsert all stricken language and delete “DAY OF”

On page 16, in line 230, delete “JANUARY”

On page 16, in line 233, delete “FUNDS” and insert “AND RECEIVING CONTRIBUTIONS”; delete “THE FIFTEENTH DAY OF NOVEMBER”

On page 16, in line 234, delete “OF THE YEAR IMMEDIATELY PRECEDING” and insert “ONE HUNDRED TWENTY DAYS BEFORE THE THIRDTUESDAY IN MARCH OF”

On pages 16 and 17, in lines 236, 238, and 245, delete “NINETY” and insert “ONE HUNDRED TWENTY”

The motion was _____ agreed to.

Synopsis
The amendment reinstates the existing limitation on fund raising by judicial candidates, which allows fund raising to occur from 120 days before the primary election through 120 days after the last election (primary or general) in which the candidate appears on the ballot. The amendment retains a provision that recognizes the existence of a March primary election in presidential election years and allows judicial candidates to begin raising funds 120 days before the date of that election.

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Page 1452

Cook, J., dissents.

Whereupon, Pfeifer, J., withdrew Amendment #12:

On page 18, delete lines 273 through 275 and insert a semi-colon

On page 18, in line 276, delete “IN THE”

On page 18, delete lines 277 through 279 and insert a semi-colon

The motion was _____ agreed to.

Synopsis
The amendment subjects all judicial candidates to the same limits on contributions received from individuals and organizations. Aggregate contributions in the fund raising period would be limited to $1,000 from individuals and $5,000 from organizations.

5. On April 10, 1995, it was moved by Pfeifer, J., seconded by Wright, J., that Amendment #16 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 20, between lines 317 and 318, insert:

“(v) 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.”

The motion was _____ agreed to.

Synopsis
The amendment excludes forgiven debts that were incurred by a judge or judicial candidate in a previous campaign for public office for purposes of computing the total amount of campaign contributions received from an individual, organization, or political party.

Page 1453

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Whereupon, Douglas, J., withdrew Amendment #30 to the Report of the Citizens’ Committee on Judicial Elections:

On page 1, in line 26, after “(e)” delete the balance of the line

On pages 1 and 2, delete lines 27 through 54

On page 3, in line 55, delete “(g)”

On page 3, in line 64, delete “DIVISIONS” and insert “DIVISION”; delete “, (f) AND (g)”

On page 4, in line 77, reinsert “or”

On page 4, in line 86, delete “, (f), OR (g)”

The amendment was _____ adopted.

Synopsis
The amendment deletes the mandatory disqualification provisions associated with the receipt of contributions in excess of specific dollar amounts from parties, lawyers, and law firms. The remittal of disqualification provision is modified accordingly. A justice or judge would be disqualified if he or she has received a contribution, regardless of amount, “that might reasonably appear to affect the impartiality of the judge in the proceeding.”

6. On April 10, 1995, it was moved by Pfeifer, J., seconded by Resnick, J., that Amendment #13 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 19, in line 280, delete everything after the comma

Page 1454

On page 19, delete lines 281 through 287 and insert “AN AMOUNT EQUAL TO FIFTY PERCENT OF THE MAXIMUM AMOUNT OF EXPENDITURES PERMITTED TO BE MADE BY THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE PURSUANT TO DIVISION (C)(_)(_) OF THIS CANON.”

The motion was _____ agreed to.

Synopsis
The amendment limits political party contributions to a judicial candidate to fifty percent of the expenditure limit applicable to the judicial candidate.

It was then moved by Wright, J., seconded by Cook, J., thatAmendment #13 be amended by the adoption of Amendment #14:

On page 19, in line 280, delete everything after the comma

On page 19, delete lines 281 and 282 and insert “THE GREATER OF AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE MAXIMUM AMOUNT OF EXPENDITURES PERMITTED TO BE MADE BY THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE PURSUANT TO DIVISION (C)(_)(_) OF THIS CANON OR”

On page 19, in line 284, delete “FIVE” and insert “TEN”

The motion was _____ agreed to.

Synopsis
The amendment limits political party contributions to a judicial candidate to the greater of twenty-five percent of the expenditure limit applicable to the judicial candidate or an amount equal to ten cents times the number of persons voting in the last general election for governor within the judicial district.

The motion to amend Amendment #13 by adopting Amendment #14 was defeated on the following vote:

Page 1455

Moyer, C.J., Resnick, F.E. Sweeney and Pfeifer, JJ., vote no.

Douglas, Wright and Cook, JJ., vote yes.

Whereupon, it was moved by Pfeifer, J., seconded by F.E. Sweeney, J., that Amendment #13 be amended by substituting “thirty-five percent” in place of “fifty percent” in two places and that Amendment #13, as amended, be adopted.

The motion was adopted as follows:

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Wright and Cook, JJ., dissent.

Whereupon, it was moved by Resnick, J., seconded by F.E. Sweeney, J. that Amendment #9 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 15, delete lines 202 through 211

The motion was _____ agreed to.

Synopsis
The amendment deletes the proposed provision that would prevent a judicial candidate from receiving political party contributions unless the contributions come from a separate fund established by the party solely for judicial candidates. The amendment does not alter the proposed limits on political party contributions contained on page 19, lines 280 through 287.

Following further discussions, Resnick, J., withdrew Amendment#9.

7. On April 10, 1995, it was moved by Cook, J., seconded by Wright, J., that Amendment #17 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 21, in line 334, after the period insert “A JUDGE OR JUDICIAL CANDIDATE SHALL NOT CONTRIBUTE OR EXPEND CAMPAIGN FUNDS IN

Page 1456

SUPPORT OF OR OPPOSITION TO A CANDIDATE FOR ANOTHER PUBLIC OFFICE.”

The motion was _____ agreed to.

Synopsis
The amendment prohibits a judge or judicial candidate from using his or her campaign funds to support or oppose a candidate for another public office.

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Resnick, J., dissents.

8. On April 10, 1995, it was moved by Moyer, C.J., seconded by Wright, J., that Amendment #18b to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 21, in line 335, after “(7)”, delete the balance of the line

On page 21, delete lines 336 and 337

On page 21, in line 338, delete “RECEIVED” and insert “NO LATER THAN THIRTY DAYS BEFORE THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE MAY BEGIN SOLICITING OR RECEIVING CAMPAIGN FUNDS”

The amendment was _____ adopted.

Synopsis
The amendment modifies the prohibition against carryover campaign funds by allowing a judicial candidate to use unspent campaign funds until prior to the time that he or she again becomes a candidate for judicial office. Thirty days prior to the time that the campaign committee of a judicial candidate can begin raising funds in support of his or

Page 1457

her judicial candidacy, the campaign committee would be required to donate excess campaign funds to the Clients’ Security Fund or a tax-exempt organization.

Following discussion, it was moved by Pfeifer, J., seconded by Resnick, J., that Amendment #18a to the Report of the Citizens’ Committee on Judicial Elections be substituted for Amendment#18b, and that Amendment #18a be adopted:

On pages 21 and 22, delete lines 335 through 349

On page 22, in line 350, delete “(8)” and insert “(7)”

The motion was _____ agreed to.

Synopsis
The amendment removes the proposed ban on carrying over unspent campaign funds.

The motion was adopted as follows:

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., Wright and Cook, JJ., dissent.

9. On April 10, 1995, it was moved by Pfeifer, J., seconded by Resnick, J., that Amendment #3 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 9, in line 75, delete “MAKE” and “ANOTHER”; strike through the balance of the line

On page 9, in line 76, delete “OR OPPOSE” and “ANOTHER”; strike through the balance of the line

On page 9, in line 77, strike through “office” and delete the underlined semi-colon

On page 9, in line 78, delete “(c)”

On page 9, in line 81, delete “(d)” and insert “(c)”

Page 1458

On page 9, in line 84, delete “(e)” and insert “(d)”

On page 10, in line 86, delete “(f)” and insert “(e)”

On page 10, in line 89, delete “(g)” and insert “(f)”

The motion was _____ agreed to.

Synopsis
The amendment removes the prohibition against a judge or judicial candidate making speeches for a political organization or another candidate at a political meeting or publicly endorsing or opposing a candidate for another public office.

The motion failed on the following vote:

Moyer, C.J., Douglas, Wright, F.E. Sweeney and Cook, JJ., vote no.

Resnick and Pfeifer, JJ., vote yes.

It was then moved by Pfeifer, J., that Amendment #4 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 10, in line 101, delete “SHALL” and strike through the balance of the line

On page 10, strike through line 102

On page 10, in line 103, delete “A JUDGE” and “HE OR SHE IS”; strike through the balance of the line

On page 10, strike through lines 104 and 105

On page 11, in line 111, strike through “(5)”

On page 11, in line 123, delete “(6)” and insert “(5)”

The motion was _____ agreed to.

Page 1459

Synopsis
The amendment deletes the requirement that a judge resign from office at the time he or she becomes a candidate for a nonjudicial office.

The motion failed for want of a second.

It was then moved by Pfeifer, J., seconded by Wright, J., thatAmendment #5 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 9, in line 81, delete “OR APPEAR TO COMMIT”

The motion was _____ agreed to.

Synopsis
The amendment revises the proposed prohibition on statements relating to cases or controversies by deleting reference to statements that “appear to commit” a judge or judicial candidate with respect to cases or controversies likely to come before the court.

The motion was defeated on the following vote:

Moyer, C.J., Resnick, F.E. Sweeney and Cook, JJ., vote no.

Douglas, Wright and Pfeifer, JJ., vote yes.

It was then moved by Moyer, C.J., seconded by Wright, J., thatAmendment #6 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 10, in line 89, after “ENDORSE” insert “ANOTHER CANDIDATE FOR JUDICIAL OR NONJUDICIAL OFFICE”; delete the comma

On page 10, in line 90, delete “EXCEPT THAT” and insert “FOR NONJUDICIAL OFFICE.”

Page 1460

On page 10, in line 94, after the period insert “A JUDICIAL CANDIDATE MAY APPEAR WITH OTHER CANDIDATES FOR PUBLIC OFFICE IN SLATE CARDS, SAMPLE BALLOTS, AND OTHER PUBLICATIONS OF A POLITICAL PARTY THAT IDENTIFY ALL CANDIDATES ENDORSED BY THE PARTY IN AN ELECTION.”

On page 10, in line 100, delete “OR IN ADVERTISING”

The motion was _____ agreed to.

Synopsis
The amendment clarifies the prohibition on endorsements and joint fund raising by judges and judicial candidates by expressly prohibiting all endorsements of any candidate for public office and all joint fund raising activities with candidates for nonjudicial office. A judicial candidate could raise funds and appear in joint advertisements with other judicial candidates.

The amendment specifically permits a judicial candidate to appear on slate cards, sample ballots, and other political party publications that identify all candidates endorsed by the party in an election.

It was then moved by Pfeifer, J., that Amendment #6 be amended so that Canon 7(B)(2)(g) shall read:

“(g) JOINTLY RAISE FUNDS WITH A CANDIDATE FOR NONJUDICIAL OFFICE. JUDICIAL CANDIDATES may appear together in JOINT campaign advertisements, but should not, in those advertisements, endorse another judicial candidate. Joint advertisements may be paid for by the candidates or by a political party AND MAY CONDUCT JOINT FUND RAISING ACTIVITIES WITH OTHER JUDICIAL CANDIDATES. A JUDICIAL CANDIDATE MAY PARTICIPATE WITH JUDICIAL AND NONJUDICIAL CANDIDATES IN FUND RAISING ACTIVITIES ORGANIZED OR SPONSORED BY A POLITICAL PARTY AND MAY APPEAR WITH OTHER CANDIDATES FOR PUBLIC OFFICE ON SLATE CARDS, SAMPLE BALLOTS, AND OTHER PUBLICATIONS OF A POLITICAL PARTY THAT IDENTIFY ALL CANDIDATES ENDORSED BY THE PARTY IN AN ELECTION.”

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Page 1461

Whereupon, Moyer, C.J., withdrew Amendment #29a and Amendment#29b:

Amendment #29a

_____ moved to amend as follows:

On page 10, in line 95, delete “JUDGES AND”

On page 10, in line 96, delete “JUDICIAL CANDIDATES” and insert “A JUDGE OR JUDICIAL CANDIDATE”; strike through “and”; after “may” insert an underlined comma; reinsert “identify himself or”

On page 10, in line 97, reinsert “herself as a member of apolitical party”; after “may” insert “. AND”

On page 10, in line 98, delete “A”

On page 10, delete lines 99 and 100.

The amendment was _____ adopted.

Synopsis
The amendment would retain the language of current Canon 7 relating to the ability of a judicial candidate to identify himself or herself as a member of a political party and would delete the proposed language that would have allowed a judicial candidate to indicate his or her political party affiliation in person and in advertising. The amendment does not alter the revision to line 98, which was adopted by the Citizens’ Committee based on the recommendations of the Ohio State Bar Association and the Board of Commissioners on Grievances and Discipline, that would allow a judge or judicial candidate to speak to political gatherings on his or her own behalf at times other than when he or she is a candidate for election or reelection.

Amendment #29b

Page 1462

_____ moved to amend as follows:

On page 10, in line 95, delete “JUDGES AND”

On page 10, in line 96, delete “JUDICIAL CANDIDATES” and insert “A JUDGE OR JUDICIAL CANDIDATE”; reinsert “may identify himselfor”

On page 10, in line 97, reinsert “herself as a member of apolitical party. He or she may”

On page 10, in line 98, reinsert all stricken language; delete “A”

On page 10, delete lines 99 and 100.

The amendment was _____ adopted.

Synopsis
The amendment would retain the substantive language of current Canon 7 relating to the ability of a judge or judicial candidate to identify himself or herself as a member of a political party and to speak to political gatherings on his or her own behalf when a candidate for reelection.

10. On April 10, 1995, it was moved by Pfeifer, J., thatAmendment #7 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 11, in line 112, delete “NO”

On page 11, delete lines 113 through 122

On page 11, in line 123, delete “(6)”

The motion was _____ agreed to.

Page 1463

Synopsis
The amendment deletes the proposed requirement that a judicial candidate complete a course in campaign practices, financing, and ethics.

The motion failed for want of a second.

It was then moved by Pfeifer, J., seconded by Douglas, J., thatAmendment #8 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On pages 11 through 13, delete lines 123 through 165

The motion was _____ agreed to.

Synopsis
The amendment deletes the proposed requirement that a judicial candidate file a statement of his or her qualifications with the clerk of courts.

The motion was defeated on the following vote:

Moyer, C.J., Wright, F.E. Sweeney and Cook, JJ., vote no.

Douglas, Resnick and Pfeifer, JJ., vote yes.

It was then moved by Pfeifer, J., seconded by Douglas, J., thatAmendment #19 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 11, in line 127, delete everything before the comma

On page 22, delete lines 350 through 358

The motion was _____ agreed to.

Page 1464

Synopsis
The amendment removes the proposed requirement that contribution and expenditure statements be filed with the applicable clerk of court. These statements would continue to be filed with the Secretary of State or local boards of election pursuant to R.C. 3517.11(A)(1) and (A)(2).

The motion was defeated on the following vote:

Moyer, C.J., Wright, F.E. Sweeney and Cook, JJ., vote no.

Douglas, Resnick and Pfeifer, JJ., vote yes.

It was then moved by Wright, J., seconded by Cook, J., thatAmendment #20 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 24, in line 398, after “NOT” insert “KNOWINGLY OR WITH RECKLESS DISREGARD”

On page 25, in line 412, delete “IS” and insert “SHALL BE”

On page 25, in line 416, after “CANON” insert “IF THE CANDIDATE KNEW OF THE STATEMENT, SOLICITATION, OR CONTRIBUTION”

The amendment was _____ adopted.

Synopsis
The amendment adds a standard of knowledge to the proposed accountability provision contained in Canon 7(F), thus relieving a judicial candidate of responsibility for statements made, solicitations made, or contributions received by a member of his or her campaign committee, unless the judicial candidate knew of the statement, solicitation, or contribution.

The amendment also corrects an omission from the Citizens’ Committee recommendations by inserting in proposed Canon 7(E) the same “knowingly or with reckless disregard” standard contained in proposed Canon 7(D) (lines 363-364).

The motion was adopted as follows:

Page 1465

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

It was then moved by Pfeifer, J., that Amendment #21 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 24, in line 392, reinsert “(9)” and delete the underlined period

On page 24, delete lines 393 through 398

On page 24, in line 399, delete “(1)”; delete “BROADCAST, TRANSMIT”; reinsert “a written or”

On page 24, in lines 400 through 402, delete all new language and reinsert all stricken language

On pages 24 and 25, delete lines 403 through 416

The motion was _____ agreed to.

Synopsis
The amendment deletes proposed provisions relating to prohibited campaign communications and accountability and reinserts the existing prohibition relating to the publication of false statements.

The motion failed for want of a second.

11. On April 10, 1995, it was moved by Wright, J., seconded by Cook, J., that Amendment #25 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 3, in line 64, after “(f)”, insert a comma

On page 4, in line 77, reinsert “or”

On page 6, in line 21, delete “KNOWLEDGE OR”

On page 7, delete lines 27 through 41

Page 1466

On page 9, between lines 67 and 68, insert:

“(11) “LABOR ORGANIZATION” MEANS A LABOR UNION; AN EMPLOYEE ORGANIZATION; A FEDERATION OF LABOR UNIONS, GROUPS, LOCALS, OR OTHER EMPLOYEE ORGANIZATIONS; AN AUXILIARY OF A LABOR UNION, EMPLOYEE ORGANIZATION, OR FEDERATION OF LABOR UNIONS, GROUPS, LOCALS OR OTHER EMPLOYEE ORGANIZATIONS; OR ANY OTHER BONA FIDE ORGANIZATION IN WHICH EMPLOYEES PARTICIPATE AND THAT EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, LABOR DISPUTES, WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT.”

On page 14, in line 188, after “RECEIVED” insert “AS PAYMENT FOR GOODS OR SERVICES”

On page 20, in line 318, delete “199_” and insert “1998”

On page 20, in line 321, after “CHANGE” insert “OVER THE PRECEDING FORTY-EIGHT MONTHS”; delete “OVER THE”

On page 20, in line 322, delete “PRECEDING FORTY-EIGHT MONTHS AND APPLY” and insert “FOR ALL URBAN CONSUMERS, OR IS SUCCESSIVE EQUIVALENT, AS DETERMINED BY THE UNITED STATES DEPARTMENT OFLABOR, BUREAU OF LABOR STATISTICS, OR ITS SUCCESSOR IN RESPONSIBILITY, FOR ALL ITEMS, SERIES A.”

On page 21, in line 323, after “CHANGE” insert “SHALL BE APPLIED”

On page 21, in line 326, after “FOUR” insert a hyphen

On page 21, in line 327, after “NOTIFY” insert “THE SECRETARY OF STATE, THE BOARD OF ELECTIONS OF EACH COUNTY,”

On page 21, in line 334, after “HIS” insert “OR HER”

On page 24, in line 398, after “NOT” insert “KNOWINGLY OR WITH RECKLESS DISREGARD”

On page 25, in line 412, delete “IS” and insert “SHALL BE”

The amendment was _____ adopted.

Page 1467

Synopsis
The recommendations contained in the Citizens’ Committee report contains several definitions and other provisions patterned after existing law or proposals contained in legislation pending before the General Assembly. The amendment revises certain provisions and definitions to reflect Sub. S.B. 8, which appears to be the legislative vehicle for enactment of campaign finance reform legislation. The substantive revisions proposed by this amendment include: deletion of the “knowledge” requirement associated with in-kind contributions; deletion of specific examples of in-kind contributions; addition of a definition of “labor organization,” and modifying the manner in which quadrennial adjustments of the contribution limitations are calculated. The amendment also includes several nonsubstantive amendments suggested by the staff.

The motion was defeated on the following vote:

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., vote no.

Moyer, C.J., Wright and Cook, JJ., vote yes.

It was then moved by Wright, J., seconded by Cook, J., thatAmendment #25 be amended by deleting the following language and that Amendment #25, as amended, be adopted:

On page 6, in line 21, delete “KNOWLEDGE OR”

On page 9, between lines 67 and 68, insert:

The motion was adopted as follows:

Page 1468

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

12. On April 10, 1995, it was moved by Pfeifer, J., seconded by Wright, J., that Amendment #26 to the Report of the Citizens’ Committee on Judicial Elections be adopted, and that the effective date of “July 1” be inserted in blank date “(2)”:

On page 18, in line 266, delete “ON OR AFTER JANUARY __, 199_,”

Insert:

“THE AMENDMENTS TO CANONS 3 AND 7 OF THE CODE OF JUDICIALCONDUCT, RULE II OF THE SUPREME COURT RULES FOR THE GOVERNMENT OF THE JUDICIARY OF OHIO, AND DR 1-102 OF THE CODE OF PROFESSIONALRESPONSIBILITY, ADOPTED BY THE SUPREME COURT ON _____ (1) _____, 1995, SHALL TAKE EFFECT ON _____ (2) _____, 1995. THE AMENDMENTS SHALL APPLY AS FOLLOWS:

(A) CANON 3 C.(1)(e) AND (f) SHALL APPLY TO CAMPAIGN CONTRIBUTIONS MADE ON OR AFTER _____ (2) _____, 1995. CANON 3C.(1)(g) SHALL APPLY REGARDLESS OF THE DATE OF THE CAMPAIGN CONTRIBUTION.

(B) CANON 7(B)(1) TO (4) AND (6) SHALL APPLY ON AND AFTER _____ (2) _____, 1995. THE STATEMENT REQUIRED BY CANON 7(B)(6) SHALL BE FILED ON OR BEFORE _____ (3) _____, 1995.

(D) CANON 7(C) SHALL APPLY ON AND AFTER _____ (2) _____, 1995, EXCEPT AS FOLLOWS:

(1) FOR PURPOSES OF CANON 7(C)(2) (i) TO (iii), FUNDS, FEES, AND COMPENSATION RECEIVED PRIOR TO _____ (2) _____, 1995 SHALL NOT BE CONSIDERED IN DETERMINING THE AGGREGATE FUNDS, FEES, AND COMPENSATION RECEIVED BY A PERSON DOING BUSINESS WITH THE COURT IN THE FORM OF A CONTRACTUAL OR OTHER ARRANGEMENT OR AN APPOINTEE OF THE COURT.

(2) THE SOLICITATION PERIOD FOR JUDICIAL CANDIDATES SEEKING ELECTION IN 1995 SHALL BEGIN ON THE DATE SPECIFIED IN CANON 7B.(4)

Page 1469

AS IT EXISTED PRIOR TO _____ (2) _____, 1995 AND SHALL END ON THE DATE SPECIFIED IN CANON 7(C)(4).

(3) CANON 7(C)(5) SHALL APPLY TO CAMPAIGN CONTRIBUTIONS RECEIVED ON OR AFTER _____ (2) _____, 1995. CAMPAIGN CONTRIBUTIONS RECEIVED PRIOR TO _____ (2) _____, 1995 SHALL NOT BE CONSIDERED IN COMPUTING THE AGGREGATE CAMPAIGN CONTRIBUTIONS RECEIVED FROM A DONOR.

(4) CANON 7(C)(6), (7), AND (8) AND CANON 7(D), (E), AND (F) SHALL APPLY TO JUDICIAL CANDIDATES SEEKING ELECTION ON OR AFTER _____ (2) _____, 1995.

(E) RULE II, SECTION 5 OF THE SUPREME COURT RULES FOR THEGOVERNMENT OF THE JUDICIARY OF OHIO SHALL APPLY TO ALL GRIEVANCES AND COMPLAINTS FILED ON OR AFTER _____ (3) _____, 1995 AND ALLEGING A VIOLATION OF CANON 7 OF THE CODE OF JUDICIAL CONDUCT DURING THE COURSE OF A CAMPAIGN.”

The amendment was _____ agreed to.

KEY
(1) The date on which the amendments are adopted by the Court.

(2) The effective date of the amendments.

(3) A date to be determined by the Court.

Synopsis
The amendment specifies an effective date for the rule amendments adopted by the Court and addresses the prospective application of specific provisions to 1995 municipal court elections.

It was then moved by F.E. Sweeney, J., that the effective date of “October 1” be inserted in blank date “(2).” The motion failed for want of a second.

It was then moved by Pfeifer, J., and unanimously adopted by consensus that no candidate for judicial office in 1995 be required to take

Page 1470

the two-hour course in campaign practices, finance, and ethics established in Canon 7(B)(5).

It then was moved by Moyer, C.J., and unanimously adopted by consensus that “September 1” be inserted in blank date “(3)” and that “April 10” be inserted in blank date “(1).”

It was then moved by consensus that Amendment #26 to the Report of the Citizens’ Committee on Judicial Elections, as amended, be adopted.

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, Resnick, Pfeifer and Cook, JJ., concur.

F.E. Sweeney, J., dissents.

13. On April 10, 1995, it was moved by Wright, J., seconded by Cook, J., that Amendment #27 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

Insert:

“IF ANY PROVISION OF THE AMENDMENTS TO CANONS 3 AND 7 OF THECODE OF JUDICIAL CONDUCT, RULE II OF THE SUPREME COURT RULES FOR THE GOVERNMENT OF THE JUDICIARY OF OHIO, AND DR 1-102 OF THE CODE OF PROFESSIONAL RESPONSIBILITY, ADOPTED BY THE SUPREME COURT ON _____ (1) _____, 1995 AND EFFECTIVE ON _____ (2) _____, 1995 OR THE APPLICATION OF ANY PROVISION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE OTHER PROVISIONS OR RELATED PROVISIONS THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION. TO THIS END, THE PROVISIONS OF THESE AMENDMENTS ARE SEVERABLE.”

The motion was _____ agreed to.

Synopsis
This amendment is patterned after the rule of statutory construction codified in R.C. 1.50, which provides that invalid provisions of the Revised Code are severable from other valid provisions, if the otherwise valid provisions can be given operation without the invalid provision. If a portion of the proposed amendments is held unconstitutional,

Page 1471

the amendment expresses the Court’s intention that other provisions remain in effect if they can be given operation without the unconstitutional provision.

The motion was defeated on the following vote:

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., vote no.

Moyer, C.J., Wright and Cook, JJ., vote yes.

14. On April 10, 1995, it was moved by Pfeifer, J., seconded by Cook, J., and unanimously adopted by consensus that Amendment#33 to the Report of the Citizens’ Committee on Judicial Elections be adopted:

On page 10, line 98, strike through “on his or her own behalf”

The motion was ___ agreed to.

Synopsis
The amendment permits a judge or judicial candidate to speak to political gatherings at any time and on any subject on which the candidate is not otherwise prohibited from speaking.

15. On April 10, 1995, it was moved by Cook, J., seconded by Wright, J., that the Report of the Citizens’ Committee on Judicial Elections, as amended, be enacted.

The motion was adopted as follows:

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Whereupon, Amendment #15, Amendment #28, and Amendment #31 to the Report of the Citizens’ Committee on Judicial Elections, which had not been offered for consideration, were withdrawn by F.E. Sweeney, J., Wright, J., and Wright, J., respectively:

Amendment #15

Page 1472

_____ moved to amend as follows:

On page 19, in line 280, delete “NINETY” and insert “ONE HUNDRED TWENTY-FIVE”

On page 19, delete lines 283 through 287 and insert “AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE MAXIMUM AMOUNT OF EXPENDITURES PERMITTED TO BE MADE BY THE JUDICIAL CANDIDATE’S CAMPAIGN COMMITTEE PURSUANT TO DIVISION (C)(_)(_) OF THIS CANON.”

The motion was _____ agreed to.

Synopsis
The amendment limits political party contributions to a judicial candidate to $125,000 for Supreme Court candidates and twenty-five percent of the applicable expenditure limit for all other judicial candidates.

Amendment #28

_____ moved to amend as follows:

On page 19, in line 284, delete “FIVE” and insert “TEN”

The amendment was _____ adopted.

Synopsis
The amendment increases the basis for computing the limits on political party contributions to a judicial candidate other than a Supreme Court candidate from five to ten cents times the number of persons voting in the last gubernatorial election within the judicial district.

Page 1473

Amendment # 31

_____ moved to amend as follows:

On page 19, delete lines 280 through 288 and insert:

“(iii) FROM A POLITICAL PARTY, THE FOLLOWING AMOUNTS, EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(b) OF THIS CANON:

(A) IN THE CASE OF A JUDICIAL CANDIDATE FOR THE CHIEF JUSTICE OR JUSTICE OF THE SUPREME COURT, AN AMOUNT ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS AND EQUAL TO THREE CENTS TIMES THE NUMBER OF PERSONS VOTING STATEWIDE IN THE LAST GENERAL ELECTION FOR GOVERNOR;

(B) IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF APPEALS OR COURT OF COMMON PLEAS, OR FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION THROUGHOUT THE ENTIRE COUNTY, AN AMOUNT ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS AND EQUAL TO SEVEN CENTS TIMES THE NUMBER OF PERSONS VOTING IN THE LAST GENERAL ELECTION FOR GOVERNOR WITHIN THE TERRITORIAL JURISDICTION OF THE COURT;

(C) IN THE CASE OF A JUDICIAL CANDIDATE FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION LESS THAN COUNTYWIDE, FIVE THOUSAND DOLLARS.

(b) IF A JUDICIAL CANDIDATE IS OPPOSED IN A PRIMARY ELECTION, THE POLITICAL PARTY CONTRIBUTION LIMITS CONTAINED IN DIVISION (C)(5)(a)(iii) OF THIS CANON SHALL APPLY ONLY IN THE PERIOD THAT 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 (C)(4) OF THIS CANON. IF A JUDICIAL CANDIDATE IS OPPOSED IN A PRIMARY ELECTION, THE CAMPAIGN COMMITTEE OF THE JUDICIAL CANDIDATE SHALL NOT DIRECTLY OR INDIRECTLY SOLICIT OR RECEIVE, IN THE PERIOD THAT BEGINS ON THE FIRST DAY ON WHICH CONTRIBUTIONS MAY BE SOLICITED AND RECEIVED PURSUANT TO DIVISION (C)(4) OF THIS CANON AND ENDS ON THE DAY OF THE PRIMARY ELECTION, A CAMPAIGN CONTRIBUTION FROM A POLITICAL PARTY AGGREGATING MORE THAN THE FOLLOWING:

Page 1474

(i) IN THE CASE OF A JUDICIAL CANDIDATE FOR THE CHIEF JUSTICE OR JUSTICE OF THE SUPREME COURT, AN AMOUNT ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS AND EQUAL TO ONE AND ONE-HALF CENTS TIMES THE NUMBER OF PERSONS VOTING STATEWIDE IN THE LAST GENERAL ELECTION FOR GOVERNOR;

(ii) IN THE CASE OF A JUDICIAL CANDIDATE FOR THE COURT OF APPEALS OR COURT OF COMMON PLEAS, OR FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION THROUGHOUT THE ENTIRE COUNTY, AN AMOUNT ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS AND EQUAL TO THREE AND ONE-HALF CENTS TIMES THE NUMBER OF PERSONS VOTING IN THE LAST GENERAL ELECTION FOR GOVERNOR WITHIN THE TERRITORIAL JURISDICTION OF THE COURT;

(iii) IN THE CASE OF A JUDICIAL CANDIDATE FOR A MUNICIPAL OR COUNTY COURT WITH TERRITORIAL JURISDICTION LESS THAN COUNTYWIDE, TWO THOUSAND FIVE HUNDRED DOLLARS.

AS USED IN DIVISIONS (C)(5)(a)(iii) AND (C)(5)(b) OF THIS CANON, “CONTRIBUTION” DOES NOT INCLUDE SLATE CARDS, SAMPLE BALLOTS, AND OTHER PUBLICATIONS OF A POLITICAL PARTY THAT IDENTIFY ALL CANDIDATES ENDORSED BY THE PARTY IN AN ELECTION.

On page 20, in line 318, delete “(c)” and insert “(d)”

On page 21, in line 331, after the period insert “THIS CALCULATION SHALL APPLY ONLY TO CONTRIBUTION LIMITATIONS THAT ARE EXPRESS IN SPECIFIC DOLLAR AMOUNTS”

The motion was _____ agreed to.

Synopsis
This amendment revises the proposed limits on political party contributions as follows:

Candidate for: Maximum Political Party Contribution (rounded to the nearest $100):
Supreme Court 3 cents times the number of persons voting

Page 1475

statewide in the last gubernatorial election Court of Appeals, 7 cents times the number Court of Common Pleas, of persons voting in or countrywide Municipal the judicial district in or County Court the last gubernatorial election Municipal or County Court $5,000 with less than countywide jurisdiction

The political party contribution limits apply throughout the fund raising period specified in Canon 7(C)(4), unless the judicial candidate is opposed in a party primary. In that case, the limits set forth above would apply only from the date after the primary election through ninety days after the general election, and the following limits would apply to contributions received from the beginning of the fund raising period through the date of the primary election:

Candidate for: Maximum Political Party Contribution (rounded to the nearest $100):
Supreme Court 1.5 cents times the number of persons voting statewide in the last gubernatorial election Court of Appeals, 3.5 cents times the number Court of Common Pleas, of persons voting or countywide Municipal in the judicial district in or County Court the last gubernatorial election Municipal or County Court $2,500 with less than countywide jurisdiction

Excluded from the definition of “contribution” would be slate cards, sample ballots, and other political party publications that identify all of the candidates endorsed by the party in a particular election.

APPENDIX

Report of the Citizens’ Committee on Judicial Elections

Page 1476

CITIZENS’ COMMITTEE ON JUDICIAL ELECTIONS
Chairman
Judge Richard B. McQuade, Jr. (Retired) Swanton
Members
Alan G. Brant Warren
Justice Herbert R. Brown (Retired) Columbus
Robert Y. Farrington Columbus
Reverend Donald E. Franks Chillicothe
Donald E. Garlikov Columbus
Carol Johnson Cleveland
Doloris Learmonth, Esq. Cincinnati
Denis Murphy, Esq. Columbus
John Parms Columbus
Susan J. Porter Terrace Park
Janis Purdy Cleveland
E. Scott Shaw, Esq. Columbus
Marilyn Shearer Huron
Judge Jon Spahr Newark
James Tilling Columbus
Neal F. Zimmers, Jr., Esq. Columbus
Staff Liaisons
Richard A. Dove, Esq. Supreme Court of Ohio
Jay Wuebbold Supreme Court of Ohio
Clerical Assistance
Cindy L. Lyles Supreme Court of Ohio

Page 1477

KEY

1. Original language of the rules appears as regular typescript.

2. Language to be deleted appears as thus.

3. Language to be added appears as THUS.

4. Characters of added language to remain as printed appears as
THUS.

PROPOSED AMENDMENTS TO THE CODE OF JUDICIAL CONDUCT

* * *

CANON 3

A Judge Should Perform the Duties of His Office Impartially and
Diligently

* * *

C. Disqualification.

(1) A judge should SHALL disqualify himself OR HERSELF in a
proceeding in which his OR HER impartiality might reasonably be
questioned, including but not limited to instances where:

* * *

(e) THE JUDGE, IN HIS OR HER CURRENT OR MOST RECENT CAMPAIGN
FOR JUDICIAL OFFICE, DIRECTLY OR INDIRECTLY HAS RECEIVED AN
AGGREGATE CAMPAIGN CONTRIBUTION OF TWO HUNDRED FIFTY DOLLARS OR
MORE, OR IN THE CASE OF THE CHIEF JUSTICE OR A JUSTICE OF THE
SUPREME COURT, FIVE HUNDRED DOLLARS OR MORE, FROM AN INDIVIDUAL
PARTY TO THE PROCEEDING OR A LAWYER WHO IS COUNSEL OF RECORD FOR
A PARTY TO THE PROCEEDING, INCLUDING A PARTY DESIGNATED AS AMICUS
CURIAE AND EXCLUDING A POLITICAL PARTY.

Page 1478

(f) THE JUDGE, IN HIS OR HER CURRENT OR MOST RECENT CAMPAIGN
FOR JUDICIAL OFFICE, DIRECTLY OR INDIRECTLY HAS RECEIVED AN
AGGREGATE CAMPAIGN CONTRIBUTION OF TWO THOUSAND DOLLARS OR MORE,
OR IN THE CASE OF THE CHIEF JUSTICE OR A JUSTICE OF THE SUPREME
COURT, FOUR THOUSAND DOLLARS OR MORE, FROM ANY OF THE FOLLOWING:

(i) A PARTY TO THE PROCEEDING, INCLUDING A PARTY DESIGNATED AS
AMICUS CURIAE AND EXCLUDING AN INDIVIDUAL PARTY, CONTRIBUTIONS
FROM WHOM ARE SUBJECT TO DIVISION C.(1)(e), AND A POLITICAL
PARTY;

(ii) THE LAW FIRM OF A LAWYER WHO IS COUNSEL OF RECORD FOR A
PARTY TO THE PROCEEDING, INCLUDING A PARTY DESIGNATED AS AMICUS
CURIAE AND EXCLUDING A POLITICAL PARTY;

(iii) AN ORGANIZATION ESTABLISHED BY ANY OF THE FOLLOWING,
INCLUDING A PARTY DESIGNATED AS AMICUS CURIAE AND EXCLUDING A
POLITICAL PARTY:

(A) A PARTY TO THE PROCEEDING;

(B) A LAWYER WHO IS COUNSEL OF RECORD FOR A PARTY TO THE
PROCEEDING;

Page 1479

(g) THE JUDGE DIRECTLY OR INDIRECTLY HAS RECEIVED A CAMPAIGN
CONTRIBUTION FROM A PARTY TO THE PROCEEDING, A LAWYER WHO IS
COUNSEL OF RECORD FOR A PARTY TO THE PROCEEDING, A LAW FIRM OF A
LAWYER WHO IS COUNSEL OF RECORD FOR A PARTY TO THE PROCEEDING, OR
AN ORGANIZATION ESTABLISHED BY A PARTY, LAWYER, OR LAW FIRM
INVOLVED IN THE PROCEEDING, INCLUDING A PARTY DESIGNATED AS
AMICUS CURIAE, THAT MIGHT REASONABLY APPEAR TO AFFECT THE
IMPARTIALITY OF THE JUDGE IN THE PROCEEDING.

AS USED IN DIVISIONS C.(1)(e), (f) AND (g) OF THIS CANON;

“LAW FIRM” MEANS TWO OR MORE LAWYERS JOINED TOGETHER TO ENGAGE
IN THE PRACTICE OF LAW, REGARDLESS OF THE NATURE OF THE
ASSOCIATION. “LAW FIRM” INCLUDES, BUT IS NOT LIMITED TO, A
PARTNERSHIP, LEGAL PROFESSIONAL ASSOCIATION, LAW CLINIC,
CORPORATE LAW DEPARTMENT, OR ATTORNEY GENERAL, PROSECUTING
ATTORNEY, LAW DIRECTOR, PUBLIC DEFENDER, LEGAL AID, OR OTHER
PUBLIC OFFICE;

“JUDGE,” “ORGANIZATION,” “CONTRIBUTION,” AND “POLITICAL PARTY”
HAVE THE SAME MEANING AS IN CANON 7(A).

* * *

Page 1480

D. Remittal of Disqualification.

A (1) INSTEAD OF WITHDRAWING FROM THE PROCEEDING, A judge
disqualified by the terms of Canon 3C.(1)(c) or Canon 3C(1)(d)
may, instead of withdrawing from the proceeding, disclose on the
record the basis of his OR HER disqualification. If, based on
such THE disclosure, the parties and lawyers, independently of
the judge’s participation BY THE JUDGE, all agree in writing that
the judge’s relationship is immaterial or that his financial
interest is insubstantial, the judge is SHALL no longer BE
disqualified, and may participate in the proceeding. The
agreement, SHALL BE signed by all parties and lawyers, shall be
AND incorporated in the record of the proceeding.

(2) INSTEAD OF WITHDRAWING FROM THE PROCEEDING, A JUDGE
DISQUALIFIED BY THE TERMS OF CANON 3C.(1)(e), (f), OR (g) MAY
DISCLOSE ON THE RECORD THE FACT OF THE CAMPAIGN CONTRIBUTION. IF,
BASED ON THE DISCLOSURE, THE OPPOSING PARTY AND LAWYER FOR THAT
PARTY, INDEPENDENTLY OF PARTICIPATION BY THE JUDGE, AGREE IN
WRITING THAT THE CAMPAIGN CONTRIBUTION IS IMMATERIAL, THE JUDGE
SHALL NO LONGER BE DISQUALIFIED AND MAY PARTICIPATE IN THE
PROCEEDING. THE AGREEMENT SHALL BE SIGNED BY THE OPPOSING PARTY
AND LAWYER FOR THAT PARTY AND INCORPORATED IN THE RECORD OF THE
PROCEEDING.

* * *

Page 1481

COMMITTEE NOTES (1995 Amendment)[*]

Canon 3 C. Disqualification.

Nine out of ten Ohioans believe that judicial decisions are
influenced to some degree by contributions made to judicial
campaigns. This finding demonstrates there is at least a
perception that the impartiality of a judge can be called into
question when he or she presides over a case that involves a
campaign contributor, much in the same manner as when a judge has
a personal or financial stake in the outcome of a case.

Canon 3 C.(1)(e) and (f) mandate the disqualification of a
judge where he or she has received a campaign contribution during
his or her current or most recent campaign in excess of a
specific dollar amount from a party, lawyer, law firm, or an
organization established by a party, lawyer, or law firm that is
involved in a proceeding before that judge Canon 3 C.(1)(g)
mandates the disqualification of a judge where he or she has
received a campaign contribution that “might reasonably appear to
affect the impartiality of the judge in the proceeding.” The
latter provision applies without regard to the amount of the
contribution or when it was received.

The disqualification provisions of division C.(1)(e) and (f) do
not apply to proceedings involving a political party, since
virtually all judges are affiliated with and rely on financial
assistance from political parties. Mandatory disqualification
based solely on acceptance of contributions would render it
impossible to locate a judge who could preside in a case
involving a political party. Contributions from a political party
to a judicial candidate are limited significantly by Canon 7, and
a judge must disqualify himself or herself from a case involving
a political party if the contributions would reasonably appear to
affect his or her impartiality.

Canon 3 D. Remittal of Disqualification.

The 1995 amendment extends the existing remittal of
disqualification provisions to situations in which a judge is
disqualified from a proceeding under the terms of Canon 3C. based
on his or her receipt of a campaign contribution from a party,
lawyer, or law firm involved in the proceeding, or organization,
such as a political action committee, established by a party,
lawyer, or law firm involved in the proceeding. Since the party,
lawyer, law firm, or organization making the campaign
contribution is not likely to object to the judge’s continued
participation in a case, the existing provisions are modified to
require only the opposing party and lawyer to agree to the
continued participation of the judge. Giving the opposing party
and lawyer an opportunity to waive the basis for disqualification
also will preclude a party, lawyer, law firm, or organization
from making a campaign contribution to a judge for the purpose of
having that judge disqualified from the pending case.

Page 1482

CANON 7

A Judge JUDGES AND JUDICIAL CANDIDATES Should Refrain From
Political Activity Inappropriate to Judicial Office

(A) DEFINITIONS. AS USED IN THIS CANON:

(1) “JUDICIAL CANDIDATE” MEANS A PERSON WHO HAS MADE A PUBLIC
ANNOUNCEMENT OF CANDIDACY FOR JUDICIAL OFFICE, DECLARED OR FILED
AS A CANDIDATE FOR JUDICIAL OFFICE WITH THE ELECTION AUTHORITY,
OR AUTHORIZED THE SOLICITATION OR RECEIPT OF CONTRIBUTIONS OR
SUPPORT FOR JUDICIAL OFFICE, WHICHEVER OCCURRED FIRST.

(2) “JUDGE” MEANS A HOLDER OF JUDICIAL OFFICE WHO IS NOT A
JUDICIAL CANDIDATE.

(3) “CONTRIBUTION” HAS THE SAME MEANING AS IN SECTION 3517.01
OF THE REVISED CODE AND INCLUDES AN IN-KIND CONTRIBUTION.

(4) “IN-KIND CONTRIBUTION” MEANS ANYTHING OF VALUE, AS DEFINED
IN SECTION 1.03 OF THE REVISED CODE, OTHER THAN MONEY OR
UNCOMPENSATED VOLUNTEER SERVICES, THAT IS USED TO INFLUENCE THE
RESULTS OF AN ELECTION OR IS TRANSFERRED TO OR USED IN SUPPORT OF
OR IN OPPOSITION TO A JUDICIAL CANDIDATE WITH THE KNOWLEDGE OR
CONSENT OF, IN COORDINATION, COOPERATION, OR CONSULTATION WITH,
OR AT THE REQUEST OR SUGGESTION OF A JUDICIAL CANDIDATE, THE
CAMPAIGN COMMITTEE OF A JUDICIAL

Page 1483

CANDIDATE, A POLITICAL PARTY, OR THEIR AUTHORIZED AGENT AND THAT
IS PAID FOR BY ANY PERSON OTHER THAN THE BENEFITED JUDICIAL
CANDIDATE OR CAMPAIGN COMMITTEE FOR THAT JUDICIAL CANDIDATE.
“IN-KIND CONTRIBUTION” INCLUDES, BUT IS NOT LIMITED TO, ANY OF
THE FOLLOWING:

(a) FINANCING OF THE DISSEMINATION, DISTRIBUTION, OR
REPUBLICATION, IN WHOLE OR IN PART, OF ANY BROADCAST, WRITTEN,
GRAPHIC, OR OTHER FORM OF CAMPAIGN MATERIALS PREPARED BY OR ON
BEHALF OF A JUDICIAL CANDIDATE, THE CAMPAIGN COMMITTEE OF A
JUDICIAL CANDIDATE, A POLITICAL PARTY, OR THEIR AUTHORIZED AGENT;

(b) PROVISION OF PHONE BANKS, OFFICE SPACE, OR CAMPAIGN
CONSULTANTS;

(d) EXTENSION OF CREDIT OR A DISCOUNT BEYOND CUSTOMARY
COMMERCIAL PRACTICE;

(e) PAYMENT BY ANY PERSON FOR THE SERVICES OF ANOTHER PERSON.

(5) “LOAN” MEANS AN ADVANCE OF MONEY WITH AN ABSOLUTE PROMISE
TO PAY, WITH OR WITHOUT INTEREST, AND INCLUDES LOAN GUARANTEES.

Page 1484

(6) “POLITICAL PARTY” HAS THE SAME MEANING AS IN SECTION
3517.01 OF THE REVISED CODE AND INCLUDES ANY NATIONAL, STATE, OR
COUNTY POLITICAL PARTY.

(7) “ORGANIZATION” MEANS ANY ENTITY OR COMBINATION OF TWO OR
MORE PERSONS, OTHER THAN A POLITICAL PARTY, INCLUDING, BUT NOT
LIMITED TO, A CORPORATION, NONPROFIT CORPORATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, ASSOCIATION, PROFESSIONAL ASSOCIATION,
CONTINUING ASSOCIATION, ESTATE, TRUST, BUSINESS TRUST, POLITICAL
ACTION COMMITTEE AS DEFINED AS IN SECTION 3517.01 OF THE REVISED
CODE, LAW FIRM, ORGANIZATION AFFILIATED WITH A POLITICAL PARTY,
LABOR ORGANIZATION, CAMPAIGN COMMITTEE OF ANOTHER CANDIDATE FOR
PUBLIC OFFICE, OR CAUCUS CAMPAIGN COMMITTEE.

(8) “POLITICAL ACTION COMMITTEE” HAS THE SAME MEANING AS IN
SECTION 3517.01 OF THE REVISED CODE.

(9) LAW FIRM” HAS THE SAME MEANING AS IN CANON 3 C. (1) OF THE
CODE OF JUDICIAL CONDUCT.

(10) “ORGANIZATION AFFILIATED WITH A POLITICAL PARTY” MEANS A
COMBINATION OF TWO OR MORE PERSONS, OTHER THAN A POLITICAL PARTY
OR AN ORGANIZATION, THAT IS IDENTIFIED BY ITS NAME OR ASSOCIATION
WITH A NATIONAL, STATE, OR COUNTY POLITICAL PARTY

Page 1485

OR EXPRESSLY PROMOTES THE INTERESTS, PHILOSOPHY, OR CANDIDATES OF
A POLITICAL PARTY.

(B) Political AND CAMPAIGN Conduct in General.

(1) An incumbent judge, or a candidate for judicial office,
should not A JUDGE OR JUDICIAL CANDIDATE SHALL MAINTAIN THE
DIGNITY APPROPRIATE TO JUDICIAL OFFICE.

(2) A JUDGE OR JUDICIAL CANDIDATE SHALL NOT DO ANY OF THE
FOLLOWING:

(a) act ACT as a leader or hold any office in a political
organization;

(b) make MAKE speeches for a political organization or ANOTHER
candidate at a political meeting or publicly endorse OR OPPOSE a
candidate for ANOTHER public office.;

(2) Incumbent judges, and candidates for judicial office, (c)
MAKE PLEDGES OR PROMISES OF CONDUCT IN OFFICE OTHER THAN THE
FAITHFUL AND IMPARTIAL PERFORMANCE OF THE DUTIES OF THE OFFICE;

(d) MAKE STATEMENTS THAT COMMIT OR APPEAR TO COMMIT THE JUDGE
OR JUDICIAL CANDIDATE WITH RESPECT TO CASES OR CONTROVERSIES THAT
ARE LIKELY TO COME BEFORE THE COURT;

(e) COMMENT ON ANY SUBSTANTIVE MATTER RELATING TO A SPECIFIC
PENDING CASE ON THE DOCKET OF A JUDGE;

Page 1486

(f) KNOWINGLY MISREPRESENT HIS OR HER IDENTITY,
QUALIFICATIONS, PRESENT POSITION, OR OTHER FACT OR THE IDENTITY,
QUALIFICATIONS, PRESENT POSITION, OR OTHER FACT OF AN OPPONENT.

(g) ENDORSE OR JOINTLY RAISE FUNDS WITH ANOTHER CANDIDATE,
EXCEPT THAT JUDICIAL CANDIDATES may appear together in JOINT
campaign advertisements, but should not, in those advertisements,
endorse another judicial candidate. Joint advertisements may be
paid for by the candidates or by a political party AND MAY
CONDUCT JOINT FUND RAISING ACTIVITIES WITH OTHER JUDICIAL
CANDIDATES.

(3) An incumbent judge, or a candidate for judicial office,
JUDGES AND JUDICIAL CANDIDATES may attend political gatherings
and may identify himself or herself as a member of a political
party. He or she may speak to such political gatherings on his or
her own behalf when he or she is a candidate for election or
re-election. A JUDICIAL CANDIDATE MAY IDENTIFY HIMSELF OR HERSELF
AS A MEMBER OF A POLITICAL PARTY IN PERSON OR IN ADVERTISING.

(4) A judge should SHALL resign from office when he or she
becomes a candidate either in a party primary or in a general
election for a nonjudicial office, except that he or she A JUDGE
may continue to hold judicial office while being HE OR SHE IS a
candidate for election to or serving as a delegate in a state
constitutional convention, if the judge is otherwise permitted by
law to do so. “Candidate” means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any

Page 1487

qualified person who represents himself or herself to be a write
in candidate, or who knowingly assents to such representation by
another at either a primary, general, or special election to be
held in this state.

(5) A judge should not engage in any other political activity
except on behalf of measures to improve the law, the legal
system, or the administration of justice NO EARLIER THAN ONE YEAR
PRIOR TO AND NO LATER THAN THIRTY DAYS AFTER CERTIFICATION OF HIS
OR HER CANDIDACY BY THE ELECTION AUTHORITY, A JUDICIAL CANDIDATE
SHALL COMPLETE A TWO-HOUR COURSE IN CAMPAIGN PRACTICES, FINANCE,
AND ETHICS ACCREDITED BY THE COMMISSION ON CONTINUING LEGAL
EDUCATION. WITHIN FIVE DAYS OF COMPLETING THE COURSE, THE
JUDICIAL CANDIDATE SHALL CERTIFY TO THE BOARD OF COMMISSIONERS ON
GRIEVANCES AND DISCIPLINE HIS OR HER COMPLETION OF THE COURSE AND
UNDERSTANDING OF THE REQUIREMENTS OF THE CODE OF JUDICIAL CONDUCT
AND APPLICABLE PROVISIONS OF THE REVISED CODE.

(6) TO FACILITATE GREATER PUBLIC KNOWLEDGE AND INFORMATION
ABOUT JUDICIAL CANDIDATES, EACH JUDICIAL CANDIDATE SHALL FILE A
STATEMENT OF HIS OR HER QUALIFICATIONS. THE STATEMENT SHALL BE
FILED WITH THE CLERK OF THE COURT SPECIFIED IN DIVISION (C)(8) OF
THIS CANON, ON A FORM PROVIDED BY THE BOARD OF COMMISSIONERS ON
GRIEVANCES AND DISCIPLINE, WITHIN THIRTY DAYS OF BECOMING A
JUDICIAL CANDIDATE. A JUDICIAL

Page 1488

CANDIDATE SHALL PROVIDE HIS OR HER EDUCATION AND EMPLOYMENT
BACKGROUND, INCLUDING YEARS ENGAGED IN THE PRACTICE OF LAW AND
YEARS OF JUDICIAL SERVICE, A DESCRIPTION OF THE NATURE OF
PRACTICE AND JUDICIAL SERVICE, INCLUDING COURTROOM EXPERIENCE,
THE NUMBER OF TRIALS, AND THE TYPES OF CASES OR LEGAL MATTERS
HANDLED, AN EXPLANATION OF ANY SANCTIONS ISSUED BY THE SUPREME
COURT OR THE LAWYER OR JUDICIAL DISCIPLINARY AUTHORITY OF ANOTHER
STATE, AND A COMPLETE LIST OF OTHER PUBLIC OFFICES HELD, WHETHER
ELECTED OR APPOINTED. A JUDICIAL CANDIDATE SHALL BE RESPONSIBLE
FOR DETERMINING THE ADDITIONAL INFORMATION CONTAINED IN HIS OR
HER STATEMENT, WHICH MAY INCLUDE THE FOLLOWING:

(a) PRO BONO OR PUBLIC SERVICE COMMITMENT DEMONSTRATED THROUGH
CASES OR CLIENTS, MEMBERSHIP ON COMMUNITY BOARDS, PARTICIPATION
IN CHARITIES, AND OTHER ACTIVITIES, INCLUDING BAR ASSOCIATION
MEMBERSHIP AND ACTIVITIES;

(b) SCHOLARLY ACHIEVEMENTS, INCLUDING AUTHORSHIP OF ARTICLES
AND BOOKS, AND TEACHING AT CONTINUING LEGAL EDUCATION PROGRAMS,
COLLEGE, OR LAW SCHOOL;

Page 1489

(d) INFORMATION RELEVANT TO DEMONSTRATING THAT THE JUDICIAL
CANDIDATE HAS THE TEMPERAMENT TO SERVE AS A JUSTICE OR JUDGE;

(e) FINANCIAL BACKGROUND, INCLUDING BANKRUPTCY, LITIGATION AS
A PARTY IN A CASE, AND POTENTIAL CONFLICTS OF INTEREST ARISING
FROM OWNERSHIP INTERESTS AND MANAGEMENT RESPONSIBILITY;

(f) A PERSONAL STATEMENT ON JUDICIAL PHILOSOPHY, GOALS FOR THE
JUDICIAL OFFICE SOUGHT, AND THE MOTIVATION FOR SEEKING JUDICIAL
OFFICE;

(g) PERSONAL OR PROFESSIONAL ACCREDITATIONS, HONORS, OR
RECOGNITIONS;

(h) RESULTS OF JUDICIAL PERFORMANCE POLLS;

(i) SERVICE AS A MEDIATOR OR ARBITRATOR;

(j) A SUMMARY OF RELEVANT JUDICIAL STATISTICS SUBMITTED TO THE
STATISTICAL REPORTING SECTION OF THE SUPREME COURT.

B. Campaign Conduct (C) CAMPAIGN SOLICITATION.

(1) An incumbent judge, or a candidate for judicial office:

(a) should maintain the dignity appropriate to judicial
office;

(b) should discourage public officials, appointees, or A
JUDICIAL CANDIDATE SHALL PROHIBIT employees subject to his or her
direction or control from soliciting or accepting RECEIVING
campaign fund contributions for him or her;

Page 1490

(c) should not make pledges or promises of conduct in office
other than the faithful and impartial performance of the duties
of the office; announce his or her views on disputed legal or
political issues; or misrepresent his or her identity,
qualifications, present position, or other facts.

(2) An incumbent judge, or a (a) A JUDICIAL candidate for
judicial office that is filled by public election between
competing candidates, should PERSONALLY SHALL not himself or
herself solicit or accept RECEIVE campaign funds, but he or she.
A JUDICIAL CANDIDATE may establish a committee of responsible
persons to secure and manage the expenditure of funds for his or
her campaign and to obtain public statements of support for his
or her candidacy. The CAMPAIGN committee should SHALL not,
directly or indirectly, solicit or receive any assessment,
subscription, or FOR ANY POLITICAL OR PERSONAL PURPOSE ANY OF THE
FOLLOWING:

(i) A contribution for any political or personal purpose
whatsoever from any employee, appointee of the court, OF THE
COURT or anyone PERSON who does business with the court, but 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 AGGREGATE FUNDS OR FEES REGARDLESS OF THE SOURCE
IN EXCESS OF TWO HUNDRED AND FIFTY DOLLARS. THE COMMITTEE may
solicit 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.

Page 1491

(ii) 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 THE APPOINTMENT IN EXCESS OF TWO HUNDRED FIFTY
DOLLARS.

(iii) 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 CONTRIBUTIONS TO THAT FUND DO NOT EXCEED THE
AMOUNTS SET FORTH IN DIVISION (C)(5) OF THIS CANON. A CAMPAIGN
COMMITTEE THAT RECEIVES A CONTRIBUTION FROM A POLITICAL PARTY
SHALL REPORT ON THE CONTRIBUTION AND EXPENDITURE STATEMENTS FILED
BY THE COMMITTEE THE NAME, ADDRESS, OCCUPATION, AND EMPLOYER OF
EACH PERSON WHO CONTRIBUTED TO THE SEPARATE FUND ESTABLISHED BY
THE POLITICAL PARTY.

(b) AS USED IN DIVISIONS (C)(2)(a)(i) AND (ii) OF THIS CANON:

(i) “APPOINTEE” DOES NOT INCLUDE A PERSON WHOSE APPOINTMENT IS
APPROVED, RATIFIED, OR MADE BY THE COURT BASED

Page 1492

ON AN INTENTION EXPRESSED IN A DOCUMENT SUCH AS A WILL, TRUST
AGREEMENT, OR CONTRACT.

(ii) “COURT” MEANS THE COURT FOR WHICH THE JUDICIAL CANDIDATE
IS SEEKING ELECTION AND, IF APPLICABLE, THE COURT ON WHICH HE OR
SHE CURRENTLY SERVES.

(iii) “COMPENSATION” DOES NOT INCLUDE REASONABLE REIMBURSEMENT
FOR TRAVEL, MEALS, AND OTHER EXPENSES RECEIVED BY AN APPOINTEE
WHO SERVES IN A VOLUNTEER CAPACITY.

(3) A candidate’s JUDICIAL CANDIDATE SHALL NOT PARTICIPATE IN
OR RECEIVE CAMPAIGN CONTRIBUTIONS FROM A FUND RAISING EVENT THAT
CATEGORIZES OR IDENTIFIES PARTICIPANTS BY THE AMOUNT OF THE
CONTRIBUTION MADE TO THE EVENT.

(4) THE CAMPAIGN committee OF A JUDICIAL CANDIDATE may begin
soliciting funds for his or her campaign AND RECEIVING
CONTRIBUTIONS no earlier than 120 days before the first Tuesday
after the first Monday in May DAY OF JANUARY of the year in which
the general election is held. IF THE GENERAL ELECTION IS HELD IN
1996 OR ANY FOURTH YEAR THEREAFTER, THE CAMPAIGN COMMITTEE OF A
JUDICIAL CANDIDATE MAY BEGIN SOLICITING FUNDS NO EARLIER THAN THE
FIFTEENTH DAY OF NOVEMBER OF THE YEAR IMMEDIATELY PRECEDING THE
YEAR IN WHICH THE GENERAL ELECTION IS HELD. The solicitation AND
RECEIPT of funds CONTRIBUTIONS may continue until 120 NINETY days
after the general election,

Page 1493

unless the candidate is defeated prior to the general election,
in which case the solicitation AND RECEIPT of funds CONTRIBUTIONS
may continue until 120 NINETY days after the date of the election
at which the defeat occurred. In the case of the death or
withdrawal of a JUDICIAL candidate, the solicitation AND RECEIPT
of funds CONTRIBUTIONS may continue until such time as the funds
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 funds CONTRIBUTIONS continue
beyond 120 NINETY days after the date of death or withdrawal.

(a) The personal expenses of a judicial candidate paid for by
the candidate from his or her personal funds shall not be
considered as a contribution or expenditure by the candidate for
his or her own campaign and shall not be reported under this
canon. Each candidate for judicial office shall have no more than
one campaign committee for purposes of receiving contributions
and making expenditures. No campaign committee shall receive any
contributions or make any expenditures other than through the
campaign treasurer. The campaign treasurer shall file all
statements required of a candidate or campaign committee required
by this canon.

(b) Each judicial candidate shall, not later than the date he
or she becomes a candidate, file a written statement setting
forth the full name and address of the campaign treasurer with
the clerk of the court in which the candidate seeks nomination or
election to judicial office. In judicial districts having more
than one county, such statement shall

Page 1494

be filed with the clerk of the court of the most populous county
of the district. In the event that the office of campaign
treasurer shall become vacant, the judicial candidate shall
promptly appoint a successor campaign treasurer and file a
statement to this effect with the clerk of the court as referred
to herein.

(3) A candidate, including an incumbent judge, should not
solicit or receive any assessment, subscription, or contribution
for any political or personal purpose whatever from any employee,
appointee of the court, or anyone who does business with the
court.

(5)(a) ON OR AFTER JANUARY __, 199_, THE CAMPAIGN COMMITTEE OF
A JUDICIAL CANDIDATE SHALL NOT DIRECTLY OR INDIRECTLY SOLICIT OR
RECEIVE IN THE FUND RAISING PERIOD ALLOWED BY DIVISION (C)(4) OF
THIS CANON A CAMPAIGN CONTRIBUTION AGGREGATING MORE THAN THE
FOLLOWING:

(i) FROM AN INDIVIDUAL OTHER THAN THE JUDICIAL CANDIDATE OR A
MEMBER OF HIS OR HER IMMEDIATE FAMILY, ONE THOUSAND DOLLARS IN
THE CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OR JUSTICE OF
THE SUPREME COURT OR FIVE HUNDRED DOLLARS IN THE CASE OF ALL
OTHER JUDICIAL CANDIDATES.

(ii) FROM ANY ORGANIZATION, FIVE THOUSAND DOLLARS IN THE CASE
OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OR JUSTICE OF THE
SUPREME COURT OR TWO THOUSAND FIVE HUNDRED DOLLARS IN THE CASE OF
ALL OTHER JUDICIAL CANDIDATES.

Page 1495

(iii) FROM A POLITICAL PARTY, NINETY THOUSAND DOLLARS IN THE
CASE OF A JUDICIAL CANDIDATE FOR CHIEF JUSTICE OR JUSTICE OF THE
SUPREME COURT OR, IN THE CASE OF ALL OTHER JUDICIAL CANDIDATES,
AN AMOUNT ROUNDED TO THE NEAREST TWENTY-FIVE DOLLARS AND EQUAL TO
FIVE CENTS TIMES THE NUMBER OF PERSONS VOTING IN THE LAST GENERAL
ELECTION FOR GOVERNOR WITHIN THE TERRITORIAL JURISDICTION OF THE
COURT TO WHICH THE JUDICIAL CANDIDATE IS SEEKING ELECTION.

(b) FOR PURPOSES OF DIVISION (C)(5)(a) OF THIS CANON:

(i) 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.

Page 1496

(ii) 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 (C)(5)(a)(iii) OF THIS
CANON.

(iii) 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.

(iv) A LOAN MADE TO A CAMPAIGN COMMITTEE BY A PERSON OTHER
THAN THE JUDICIAL CANDIDATE OR HIS OR HER SPOUSE 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 FUND RAISING PERIOD ALLOWED BY DIVISION
(C)(4) OF THIS CANON. DEBTS REMAINING AT THE END OF THE FUND
RAISING PERIOD SHALL BE SUBJECT TO THE SAME TREATMENT AS AMOUNTS
ALLOWED BY CONTRIBUTION LIMITS.

(c) ON OR BEFORE THE FIRST DAY OF DECEMBER BEGINNING IN 199_
AND EVERY FOUR YEARS THEREAFTER, THE SECRETARY OF THE BOARD OF
COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SHALL DETERMINE THE
PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX OVER THE PRECEDING
FORTY-EIGHT MONTHS AND APPLY THAT PERCENTAGE

Page 1497

CHANGE TO THE CONTRIBUTION LIMITATIONS CURRENTLY IN EFFECT. THE
RESULT OF THAT CALCULATION, ROUNDED TO THE NEAREST TWENTY-FIVE
DOLLARS, SHALL BE THE CONTRIBUTION LIMITATIONS IN EFFECT FOR THE
FOUR YEAR PERIOD THAT BEGINS ON THE ENSUING FIRST DAY OF JANUARY.
THE SECRETARY SHALL NOTIFY ALL COURTS, BAR ASSOCIATIONS, AND
STATE POLITICAL PARTIES IN OHIO OF THE REVISED CONTRIBUTION
LIMITATIONS. THE SUPREME COURT SHALL PUBLISH THE REVISED
CONTRIBUTION LIMITATIONS IN THE OHIO OFFICIAL REPORTS.

(6) A JUDICIAL CANDIDATE SHALL NOT EXPEND FUNDS IN A JUDICIAL
CAMPAIGN THAT HAVE BEEN CONTRIBUTED TO HIM OR HER TO PROMOTE HIS
CANDIDACY FOR ANOTHER PUBLIC OFFICE.

(7) AFTER PAYMENT OF ALL CAMPAIGN DEBTS AND OBLIGATIONS
INCURRED BY THE JUDICIAL CANDIDATE, BUT NO LATER THAN THIRTY DAYS
AFTER THE LAST DAY ON WHICH FUNDS MAY BE SOLICITED OR RECEIVED
UNDER DIVISION (C)(4) OF THIS CANON, THE CAMPAIGN COMMITTEE OF
THE JUDICIAL CANDIDATE SHALL DONATE ALL REMAINING CAMPAIGN FUNDS
TO ONE OR BOTH OF THE FOLLOWING:

(i) THE CLIENTS’ SECURITY FUND OF OHIO ESTABLISHED PURSUANT TO
RULE VIII OF THE SUPREME COURT RULES FOR THE GOVERNMENT OF THE
BAR OF OHIO;

Page 1498

(ii) AN ORGANIZATION THAT IS EXEMPT FROM FEDERAL INCOME
TAXATION UNDER SUBSECTION 501(a) AND DESCRIBED IN SUBSECTION
501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), OR 501(c)(19) OF THE
INTERNAL REVENUE CODE OR APPROVED AS A LEGITIMATE CHARITABLE
ORGANIZATION BY ADVISORY OPINION OF THE BOARD OF COMMISSIONERS ON
GRIEVANCES AND DISCIPLINE.

(8) THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE WHO IS
ELECTED TO THE SUPREME COURT, COURT OF COMMON PLEAS, MUNICIPAL
COURT, OR COUNTY COURT SHALL FILE A COPY OF ALL REQUIRED
CONTRIBUTION AND EXPENDITURE STATEMENTS WITH THE CLERK OF THE
COURT. THE CAMPAIGN COMMITTEE OF A JUDICIAL CANDIDATE WHO IS
ELECTED TO THE COURT OF APPEALS SHALL FILE A COPY OF ALL REQUIRED
CONTRIBUTION AND EXPENDITURE STATEMENTS WITH THE CLERK OF COURT
OF EACH COUNTY IN THE APPELLATE DISTRICT.

C (D) Campaign Guidelines STANDARDS. No incumbent judge or
candidate for judicial office during DURING the course of any
campaign for nomination or election to judicial office, A
JUDICIAL CANDIDATE, by means of campaign materials, including
sample ballots, an advertisement on radio or television or in a
newspaper or periodical, a public speech, press release, or
otherwise, shall NOT KNOWINGLY OR WITH RECKLESS DISREGARD do any
of the following:

Page 1499

(1) Use the title of an office not currently held by a
JUDICIAL candidate in a manner that implies that the JUDICIAL
candidate does currently hold that office, or use the term
“re-elect” when the JUDICIAL candidate has never been elected at
a primary, general, or special election to the office for which
he or she is a JUDICIAL candidate.;

(2) Make a false statement concerning the formal schooling or
training completed or attempted by a JUDICIAL candidate; a
degree, diploma, certificate, scholarship, grant, award, prize of
honor received, earned, or held by a JUDICIAL candidate; or the
period of time during which a JUDICIAL candidate attended any
school, college, community technical school, or institution;

(3) Make a false statement concerning the professional,
occupational, or vocational licenses held by a JUDICIAL
candidate, or concerning any position the JUDICIAL candidate held
for which he or she received a salary or wages;

(4) Make a false statement that a JUDICIAL candidate or public
official has been ARRESTED, indicted, or convicted of a theft
offense, extortion, or other crime involving financial corruption
or moral turpitude;

(5) Make a statement that a JUDICIAL candidate has been
ARRESTED, indicted for, OR CONVICTED OF any crime without
disclosing the outcome of any ALL PENDING OR CONCLUDED legal
proceedings resulting from the ARREST, indictment, OR CONVICTION;

(6) Make a false statement that a JUDICIAL candidate or
official has a record of treatment or confinement for mental
disorder;

Page 1500

(7) Make a false statement that a JUDICIAL candidate or
official has been subjected to military discipline for criminal
misconduct or dishonorably discharged from the armed services;

(8) Falsely identify the source of a statement, issue
statements under the name of another person without
authorization, or falsely state the endorsement of or opposition
to a JUDICIAL candidate by a person, ORGANIZATION, or
publication;

(9).

(E) CAMPAIGN COMMUNICATIONS. DURING THE COURSE OF ANY CAMPAIGN
FOR NOMINATION OR ELECTION TO JUDICIAL OFFICE, A JUDICIAL
CANDIDATE, BY MEANS OF CAMPAIGN MATERIALS, INCLUDING SAMPLE
BALLOTS, AN ADVERTISEMENT ON RADIO OR TELEVISION OR IN A
NEWSPAPER OR PERIODICAL, A PUBLIC SPEECH, PRESS RELEASE, OR
OTHERWISE, SHALL NOT DO ANY OF THE FOLLOWING:

(1) Post, publish, BROADCAST, TRANSMIT, circulate, or
distribute a written or printed false statement, either knowing
the same to be false or with reckless disregard of whether it was
false or not, INFORMATION concerning a candidate that is designed
to promote the election, nomination, or defeat of the JUDICIAL
candidate OR AN OPPONENT, EITHER KNOWING THE INFORMATION TO BE
FALSE OR WITH A RECKLESS DISREGARD OF WHETHER OR NOT IT WAS FALSE
OR, IF TRUE, THAT WOULD BE DECEIVING OR MISLEADING TO A
REASONABLE PERSON.

(2) MANIFEST BIAS OR PREJUDICE TOWARD AN OPPONENT BASED ON
RACE, SEX, RELIGION, NATIONAL ORIGIN, DISABILITY, AGE, SEXUAL

Page 1501

ORIENTATION, OR SOCIOECONOMIC STATUS OR PERMIT MEMBERS OF HIS OR
HER CAMPAIGN COMMITTEE OR OTHERS SUBJECT TO HIS OR HER DIRECTION
OR CONTROL TO DO SO.

(F) ACCOUNTABILITY.

A JUDICIAL CANDIDATE IS RESPONSIBLE FOR THE CONTENT OF ANY
STATEMENT COMMUNICATED IN ANY MEDIUM BY HIS OR HER CAMPAIGN
COMMITTEE AND FOR COMPLIANCE BY HIS OR HER CAMPAIGN COMMITTEE
WITH THE LIMITATIONS ON CAMPAIGN SOLICITATIONS AND CONTRIBUTIONS
CONTAINED IN THIS CANON.

Page 1502

COMMITTEE NOTES (1995 Amendment)[a]

Canon 7(A) Definitions.

The 1995 amendment defines several key terms that are used in
Canon 7. Among other things, the definitions clarify that Canon 7
applies to all candidates for judicial office, regardless of
whether they are incumbents or challengers.

For a definition of “candidate” as used in sections 3517.08 to
3517.15 and 3517.99 of the Revised Code governing the collection,
expenditure, and reporting of campaign contributions, see section
3517.01 of the Revised Code.

Canon 7(B) Political and Campaign Conduct in General.

Although judicial candidates are elected at nonpartisan general
elections, the current system of electing judges requires judges
and judicial candidates to engage in political activity. Canon 7,
and in particular, division (B) balances this requirement with
the overriding expectation that judges and judicial candidates
administer justice in an impartial and nonpartisan fashion by
placing necessary, yet reasonable, limits on the political and
campaign activities of judges and judicial candidates. See,
Morial v. Judiciary Commission of Louisiana (1977, 5th Cir.),
565 F.2d 295.

Canon 7(B)(1) recognizes the unique role of the judiciary by
setting forth the general standard of conduct applicable to
judges and judicial candidates. Canon 7(B)(2) establishes
specific prohibitions applicable to judges and judicial
candidates. Canon 7(B)(2)(b) expands the prohibitions contained
in former Canon 7A.(1)(b) and (2) by prohibiting judges and
judicial candidates from publicly endorsing or opposing a
candidate for any public office, including judicial office. A
judge or judicial candidate does not publicly endorse another
candidate for public office by having his or her name on the same
ticket or attending a fund raising event for a candidate. A judge
or judicial candidate is not prohibited from privately expressing
his or her views with respect to judicial candidates or
candidates for other public offices.

Canon 7(B)(2)(d) revises the prohibition in former Canon
7B.(1)(c) relative to permissible statements by judges or
judicial candidates. Although the former provision withstood
scrutiny in Ohio, similar provisions in other jurisdictions were
found to be an overly broad restriction on the rights of judges
and judicial candidates under the First Amendment to the
United States Constitution. Cf. Berger v. Supreme Court of Ohio (1984,
S.D. Ohio, E.D.), 598 F. Supp. 69 and Stretton v. Disciplinary Bd.
of the Supreme

Page 1503

Court of Pennsylvania (1991, 3rd Cir.), 944 F.2d 137 with
Buckley v. Illinois Judicial Inquiry Bd. (1993, 7th Cir.),
997 F.2d 225 and J.C.J.D. v. R.J.C.R. (1991, Ky.), 803 S.W.2d 953.
Canon 7(B)(2)(d) reflects the language appearing in the 1990
revisions to the American Bar Association’s Model Code of
Judicial Conduct and addresses the public’s desire for more
information on the views of judicial candidates within confines
necessary to protect the integrity and impartiality of the
judiciary. This language has withstood a constitutional challenge
in at least one court that found the previous language to be an
unconstitutional restriction of freedom of speech. Deters v.
Judicial Retirement and Removal Commission (1994, Ky.),
873 S.W.2d 200.

This provision allows a judicial candidate to discuss or
comment on his or her record or performance in office or that of
an opponent and, subject to other provisions of the code of
Judicial Conduct, announce his or her views on matters of public
interest affecting the law, legal system, or administration of
justice. Ackerson v. Judicial Retirement and Removal Commission
(1991, W.D. Ky.), 776 F. Supp. 309. This provision does not
prohibit a judicial candidate from responding to a request for
information from any organization, provided the response is
consistent with the provisions of the Code of Judicial Conduct.

Canon 7(B)(2)(e) is new language designed to address recurring
campaign conduct that, at a minimum, violated the spirit of
former Canon 7. Consistent with Canon 3A.(6), this provision
prohibits judicial candidates from making public comment on
substantive matters in a pending case. The provision eliminates
the possibility that a judge would feel compelled during a
judicial campaign to justify a decision made in a pending case
based on criticism from an opposing candidate or supporters of an
opposing candidate. Canon 7(B)(2)(e) does not prohibit a judge
from commenting on scheduling or other nonsubstantive matters in
a pending case as permitted by other portions of the Code of
Judicial Conduct.

Canon 7(B)(2)(g) prohibits judicial candidates from jointly
raising funds with other candidates, but allows joint fund
raising and advertising efforts between and among judicial
candidates. The sharing of advertisements by judicial candidates
is recognized as an attempt to minimize the expense of campaign
advertising. However, joint advertisements may violate the
prohibition against public endorsements of candidates.
Advertisements that focus on the candidates as an integrated team
or partnership can give the appearance of an endorsement.
“Endorse” is defined as “to give approval of or support to.”
Webster’s II, New Riverside University Dictionary (1984). An
advertisement that has candidates speaking in terms of “our,”
“us,” or “we” implies approval or support and is prohibited.
Joint advertisements must maintain the individual and independent
nature of each judicial candidate’s campaign.

Canon 7(B)(5) is designed to ensure that all judicial
candidates are fully informed as to the requirements of the Code
of Judicial Conduct, Rules for the Government of the Judiciary,
and the Revised Code relative to campaign conduct, ethics, and
finance by requiring completion of a course on these subjects.
This requirement should be satisfied

Page 1504

by attendance with other judicial candidates at a live program.
Only in exigent circumstances, such as that occasioned by a
judicial candidate’s late certification or substitution on the
ballot, should a judicial candidate be permitted to satisfy the
requirement through videotapes or other alternative means.
Judicial candidates are encouraged to require the chairman and
treasurer of their campaign committees to attend these same
courses.

Many local bar associations voluntarily have formed judicial
election monitoring committees to secure agreements from judicial
candidates on campaign conduct and financing, monitor the conduct
of judicial candidates, and provide for prompt resolution of
judicial campaign conduct complaints. Monitoring committees such
as these are ideal entities to provide the courses required by
Canon 7(B)(5).

A public opinion survey commissioned by the Citizens’ Committee
on Judicial Elections demonstrated that the public wants more
information regarding the qualifications of judicial candidates.
Canon 7(B)(6) addresses this need by requiring that each judicial
candidate a public statement regarding his or her qualifications
for judicial office. The statement is required to contain certain
basic information pertaining to the judicial candidate’s
education, legal experience, and public service and may include
as much or as little additional information as the judicial
candidate considers relevant to his or her candidacy. The
statements should focus on the judicial candidate’s
qualifications and not be used to attack or question the
qualifications of an opponent. The Committee suggests that the
Board of Commissioners on Grievances and Discipline prepare a
sample statement as a guide to judicial candidates.

Canon 7(C) Campaign Solicitation and Expenditures.

Division (C) sets forth the requirements relating to
solicitation and receipt of campaign contributions. The intent of
this division is to eliminate, or at least minimize, the widely
held perception that campaign contributions have an impact on
judicial decision-making.

Canon 7(C)(1) limits the fund raising activities of court
employees by requiring a judicial candidate to prohibit his or
her employees from soliciting or receiving campaign funds. Canon
7(C)(2) clarifies the former prohibitions relating to
solicitation and receipt of campaign contributions from lawyers,
court employees, court appointees, and persons doing business
with the court. Division (C)(2)(a)(i) prohibits a judicial
campaign committee from receiving a campaign contribution from an
employee of the court or a person doing business with the court
in the form of a contract or other arrangement. Division
(C)(2)(a)(ii) prohibits a judicial candidate from receiving
contributions from appointees of the court unless the
contribution and information about the contributor are fully
disclosed on the candidate’s campaign contribution and
expenditure report. These provisions extend to all employees and
appointees of the court, not just those employees and appointees
of the incumbent judge.

Page 1505

“Appointee” is defined to exclude persons whose appointments by
a court occur as the result of a legal document. A person named
in a will as executor of an estate and whose letters testamentary
are granted by the court is not considered an appointee. The term
“court” also is defined and includes all divisions of a court of
common pleas or municipal court. “Compensation” excludes
reasonable expense reimbursement received by a court appointee,
such as a mediator or committee member, who serves in a volunteer
capacity.

Canon 7(C)(2)(b)(iii) prevents a judicial candidate from
receiving political party contributions unless those
contributions come from a designated fund established by the
political party and contributions to that fund are subject to the
limitations of Canon 7 on contributions made directly to a
judicial candidate. The candidate must report the receipt of
political party contributions and the identity of contributors to
the designated fund on his or her campaign finance report.

Canon 7(C)(3) prevents judicial candidates from participating
in fund raising events that categorize participants based on
their level of contributions. Identifying contributors based
solely on the amount of their contributions fosters the
perception of partiality based on the level of contributions to a
judicial candidate. The provision does not prohibit the
solicitation of contributions at defined levels, but bars special
seating or other recognition based on the level of contribution.

The remaining provisions of Canon 7(C) are intended to further
restrict the fund raising activities of judicial candidates.
Canon 7(C)(4) has been revised to designate a specific fund
raising period that, except in presidential election years,
begins on January 1 of the year of the election and continues
until ninety days after the election, which is a reasonable time
to allow for retirement of outstanding campaign debts.

Canon 7(C)(5) imposes the first mandatory limits on campaign
contributions received by candidates for public office in Ohio.
Contributions to judicial candidates are limited as follows:

[*] The notes were prepared by the Citizens’ Committee on
Judicial Elections that issued a final report to the Supreme
Court in January 1995.

[a] The notes were prepared by the Citizens’ Committee on
Judicial Elections that issued a final report to the Supreme
Court in January 1995.

Source of Contribution Maximum Contribution in Permissible Fund
Raising period (candidate for office):
Individual $1,000 (Supreme Court)
$500 (all other judicial candidates)
Organization $5,000 (Supreme Court)
$2,500 (all other judicial candidates)
Political Party $90,000 (Supreme Court)
$0.05 x the number of persons voting in the last
election for governor within the territorial
jurisdiction of the court (all other judicial
candidates)

Page 1506

These limitations apply in the aggregate, thus separate
contributions made to a judicial candidate by an individual,
organization, or political party must be added together to
determine the total contributions made by that individual,
organization, or political party to the judicial candidate. The
contribution limits also apply over the entire fund raising
period specified in Canon 7(C)(4), regardless of whether the
funds were contributed to the judicial candidate for use in a
primary or general election. The contribution limitations will be
adjusted quadrenially using the method set forth in Canon
7(C)(5)(c).

Canon 7(C)(5) is intended to impose firm limits on all
contributions received by a candidate from a particular donor,
regardless of the nature of the contribution or the vehicle
through which it is made. Prohibited is the receipt of
contributions in excess of the limitations from multiple
political action committees formed by the same entity and
combined national, state, and county political parties. See,
Canon 7(C)(5)(b)(i) and (ii).

Canon 7(C)(6) prohibits a judicial candidate from using funds
in a judicial campaign that were raised during his or her
campaign for a nonjudicial office. These contributions are made
in support of the individual’s candidacy for an office in another
branch of government and, under current law, can be made without
limitation. Moreover, donors make these contributions with the
expectation that the funds will be used to promote the person’s
candidacy for that office.

Canon 7(C)(7) prevents a judicial candidate from carrying over
unused campaign funds for use in a future campaign. This
provision will further limit fund raising based on the
realization that a judicial candidate should only raise as much
money as in necessary to fund his or her current judicial
campaign.

To promote access to campaign finance reports, Canon 7(C)(8)
requires the filing of these reports with the appropriate clerk
of court. This additional filing will facilitate compliance with
the disqualification provisions of Canon 3 C.

Canon 7(D) Campaign Standards.

Canon 7(D) retains many of the provisions contained in former
Canon 7C. A violation of the provisions in this division is
committed by knowing or reckless disregard on the part of the
candidate. These terms are defined in R.C. 2901.22. The term
“judicial candidate” is added throughout the division and the
former provision relative to false statements regarding a
candidate’s indictment or conviction of certain crimes has been
extended to any crime and includes arrest as well as indictment
or conviction.

Page 1507

Canon 7(E) Campaign Communications.

The former prohibition against the communication of false,
deceiving, or misleading campaign material is reorganized into a
separate division and includes a communication that manifests
bias or prejudice toward an opponent.

Canon 7(F) Accountability.

Under former Canon 7, a judicial candidate could avoid
responsibility for compliance with certain ethical standards set
forth by the Code of Judicial Conduct by asserting the action was
undertaken by his or her campaign committee. This division makes
it clear that a candidate will be held responsible for statements
made by his or her campaign committee and for compliance by his
or her campaign committee with the limitations on campaign
solicitations and contributions.

Page 1508

PROPOSED AMENDMENT TO THE SUPREME COURT RULES FOR THE GOVERNMENT
OF THE JUDICIARY

GOV. JUD. R. II

(DISCIPLINARY PROCEDURE)

* * *

SECTION 5. CAMPAIGN CONDUCT; ENFORCEMENT AND SANCTIONS.

(A) AS USED IN THIS SECTION:

(1) “JUDICIAL CANDIDATE” HAS THE SAME MEANING AS IN CANON 7 OF
THE CODE OF JUDICIAL CONDUCT.

(2) “COMPLAINT” AND “PROBABLE CAUSE” HAVE THE SAME MEANINGS AS
IN GOV. BAR R. V;

(3) “DISCIPLINARY SANCTION” MEANS ANY OF THE SANCTIONS SET
FORTH IN GOV. BAR R. V, SECTION 6(A), REMOVAL, OR SUSPENSION FROM
OFFICE.

(4) “COSTS” MEANS THE EXPENSES INCURRED BY THE BOARD OF
COMMISSIONERS ON GRIEVANCES AND DISCIPLINE IN CONDUCTING THE
EXPEDITED PROCEEDINGS UNDER THIS SECTION, INCLUDING THE EXPENSES
OF THE THREE-MEMBER PANEL AND THE COMMISSION OF FIVE JUDGES, AND
THE EXPENSES OF THE RESPONDENT INCURRED IN DEFENDING A FRIVOLOUS
GRIEVANCE OR A GRIEVANCE FILED SOLELY FOR THE PURPOSE OF
OBTAINING AN ADVANTAGE FOR A JUDICIAL CANDIDATE, INCLUDING
ATTORNEYS FEES.

Page 1509

(B) A GRIEVANCE THAT ALLEGES A VIOLATION BY A JUDICIAL
CANDIDATE OF CANON 7 OF THE CODE OF JUDICIAL CONDUCT DURING THE
COURSE OF A CAMPAIGN FOR JUDICIAL OFFICE SHALL BE BROUGHT,
CONDUCTED, AND DISPOSED OF IN ACCORDANCE WITH THIS RULE AND GOV.
BAR R. V, AS MODIFIED BY THIS SECTION. ALL OTHER GRIEVANCES SHALL
BE BROUGHT, CONDUCTED, AND DISPOSED OF IN ACCORDANCE WITH THIS
RULE AND GOV. BAR R. V.

(C)(1) A GRIEVANCE THAT ALLEGES A VIOLATION BY A JUDICIAL
CANDIDATE OF CANON 7 OF THE CODE OF JUDICIAL CONDUCT DURING THE
COURSE OF A CAMPAIGN FOR JUDICIAL OFFICE SHALL BE FILED WITH THE
SECRETARY OF THE BOARD OF COMMISSIONERS ON GRIEVANCES AND
DISCIPLINE. WITHIN FIVE DAYS OF RECEIVING THE GRIEVANCE, THE
SECRETARY SHALL CONDUCT A PRELIMINARY REVIEW. IF, AFTER REVIEWING
THE GRIEVANCE, THE SECRETARY DETERMINES THAT THE GRIEVANCE IS
FACIALLY VALID, THAT THE BOARD HAS JURISDICTION OVER THE MATTERS
RAISED IN THE GRIEVANCE, AND THAT THERE IS PROBABLE CAUSE THAT A
VIOLATION OF CANON 7 HAS OCCURRED, THE SECRETARY SHALL PREPARE A
COMPLAINT AND NOTIFY THE CHAIR OF THE BOARD. WITHIN THREE DAYS OF
THE SECRETARY’S DETERMINATION, THE CHAIR SHALL APPOINT THREE
MEMBERS OF THE BOARD TO CONDUCT A FORMAL HEARING ON THE
COMPLAINT. ONE MEMBER OF THE PANEL SHALL BE A NONATTORNEY MEMBER
OF THE BOARD, AND NO MEMBER

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OF THE PANEL SHALL BE A RESIDENT OF THE JUDICIAL DISTRICT IN
WHICH THE COMPLAINT AROSE. THE SECRETARY SHALL FORWARD A COPY OF
THE COMPLAINT TO EACH MEMBER OF THE PANEL, THE COMPLAINANT, AND
THE RESPONDENT.

(2) IF A JUDICIAL CANDIDATE FILES A GRIEVANCE ALLEGING A
VIOLATION BY HIS OR HER OPPONENT OF CANON 7 OF THE CODE OF
JUDICIAL CONDUCT AND THE JUDICIAL CANDIDATE AND HIS OR HER
OPPONENT HAVE SIGNED AN AGREEMENT WITH A VOLUNTARILY ORGANIZED
JUDICIAL ELECTION MONITORING COMMITTEE THAT PROVIDES FOR
EXPEDITED CONSIDERATION OF ALLEGED VIOLATIONS OF CANON 7 OF THE
CODE OF JUDICIAL CONDUCT, THE SECRETARY MAY REFER THE GRIEVANCE
TO THE MONITORING COMMITTEE FOR CONSIDERATION. THE SECRETARY
SHALL NOT REFER THE GRIEVANCE TO THE MONITORING COMMITTEE IF THE
JUDICIAL CANDIDATE HAS EXHAUSTED THE REMEDIES PROVIDED FOR UNDER
THE AGREEMENT.

(D) WITHIN FIVE DAYS OF ITS APPOINTMENT, THE PANEL SHALL
CONDUCT A FORMAL HEARING ON THE COMPLAINT. THE COMPLAINANT AND
RESPONDENT SHALL BE NOTIFIED OF THE HEARING. WITHIN FIVE DAYS
AFTER CONCLUSION OF THE HEARING, THE PANEL SHALL ISSUE A REPORT
OF ITS FINDINGS AND RECOMMENDATIONS. IF THE PANEL DETERMINES BY
CLEAR AND CONVINCING EVIDENCE THAT A VIOLATION OF CANON 7 HAS
OCCURRED, THE PANEL’S REPORT AND THE RECORD OF

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THE PROCEEDING SHALL BE CERTIFIED TO THE SUPREME COURT, TOGETHER
WITH A RECOMMENDATION AS TO WHETHER THE COMPLAINT SHOULD BE
CONSIDERED ON AN EXPEDITED BASIS.

(E)(1) WITHIN FIVE DAYS OF RECEIVING THE REPORT, THE SUPREME
COURT SHALL APPOINT A COMMISSION OF FIVE JUDGES AS PROVIDED IN
SECTION 2701.11 OF THE REVISED CODE AND GOV. JUD. R. III. THE
COMMISSION SHALL EXPEDITE ITS CONSIDERATION OF THE REPORT AND MAY
MAKE ITS DETERMINATION FROM THE REPORT OF THE PANEL, PERMIT OR
REQUIRE THE FILING OF BRIEFS, CONDUCT A HEARING, OR ORDER THE
PANEL TO TAKE ADDITIONAL EVIDENCE. IF THE COMMISSION DETERMINES
THAT A VIOLATION OF CANON 7 HAS OCCURRED, THE COMMISSION MAY
ENTER AN ORDER THAT INCLUDES ONE OR MORE OF THE FOLLOWING:

(a) A DISCIPLINARY SANCTION AGAINST THE RESPONDENT;

(b) AN ORDER ENFORCEABLE BY CONTEMPT OF COURT THAT THE
RESPONDENT CEASE AND DESIST FROM ENGAGING IN THE CONDUCT THAT WAS
FOUND TO BE IN VIOLATION OF CANON 7;

(d) AN ASSESSMENT OF THE COSTS OF THE PROCEEDING AGAINST THE
RESPONDENT.

Page 1512

(2) THE RESPONDENT MAY APPEAL A SANCTION ISSUED BY THE
COMMISSION TO THE SUPREME COURT AS PROVIDED IN GOV. JUD. R. III,
SECTION 3.

(F) A GRIEVANCE SHALL REMAIN PRIVATE UNTIL THE SECRETARY HAS
MADE A DETERMINATION OF PROBABLE CAUSE. AFTER A DETERMINATION OF
PROBABLE CAUSE HAS BEEN MADE, THE GRIEVANCE, THE FORMAL
COMPLAINT, THE REPORT OF THE THREE-MEMBER PANEL, THE ORDER OF THE
COMMISSION OF FIVE JUDGES, THE RECORD OF THE PROCEEDINGS, AND ALL
HEARINGS SHALL BE PUBLIC.

(G) IF THE PANEL OR COMMISSION DETERMINES THAT THE GRIEVANCE
WAS FRIVOLOUS OR FILED SOLELY FOR THE PURPOSE OF OBTAINING AN
ADVANTAGE FOR A JUDICIAL CANDIDATE, THE PANEL OR COMMISSION, IN
ADDITION TO ANY OTHER ORDER CONSIDERED PROPER, MAY ASSESS THE
COSTS OF THE PROCEEDING AGAINST THE COMPLAINANT.

(H) A COMPLAINT FILED UNDER THIS SECTION NAMING A JUDICIAL
CANDIDATE FOR THE SUPREME COURT AS RESPONDENT SHALL BE CONSIDERED
AND DISPOSED OF IN ACCORDANCE WITH THIS SECTION EXCEPT AS
FOLLOWS:

(1) THE CHIEF JUSTICE OF THE COURT OF APPEALS SHALL SERVE AS
SECRETARY OF THE BOARD;

Page 1513

(2) THE PANEL SHALL BE THE PANEL DESCRIBED IN GOV. JUD. R. II,
SECTION 2(B)(2);

(3) THE SUPREME COURT SHALL CONSIST OF THE PERSONS SPECIFIED
IN GOV. JUD. R. II, SECTION 4.

(I) THE BOARD MAY ADOPT REGULATIONS TO FACILITATE AND
IMPLEMENT THE EXPEDITIOUS CONSIDERATION OF GRIEVANCES AND
COMPLAINTS FILED UNDER THIS SECTION.

Page 1514

PROPOSED AMENDMENT TO THE CODE OF PROFESSIONAL RESPONSIBILITY

CANON 1

A Lawyer Should Assist in Maintaining the Integrity and
Competence of the Legal Profession

DISCIPLINARY RULES

DR 1-102. MISCONDUCT.

(A) A lawyer shall not:

(1) Violate a Disciplinary Rule OR, AS A JUDICIAL CANDIDATE AS
DEFINED IN CANON 7 OF THE CODE OF JUDICIAL CONDUCT, THE
PROVISIONS OF THE CODE OF JUDICIAL CONDUCT APPLICABLE TO JUDICIAL
CANDIDATES.

(2) Circumvent a Disciplinary Rule through actions of another.

(3) Engage in illegal conduct involving moral turpitude.

(4) Engage in conduct involving dishonesty, fraud, deceit, or
misrepresentation.

(5) Engage in conduct that is prejudicial to the
administration of justice.

(6) Engage in any other conduct that adversely reflects on the
lawyer’s fitness to practice law.

(B) A lawyer shall not engage, in a professional capacity, in
conduct involving discrimination prohibited by law because of
race, color, religion, age, gender, sexual orientation, national
origin, marital status, or disability. This prohibition does not
apply

Page 1515

to a lawyer’s confidential communication to a client or preclude
legitimate advocacy where race, color, religion, age, gender,
sexual orientation, national origin, marital status, or
disability is relevant to the proceeding where the advocacy is
made.

Page 1516