CAMPAIGN COMMITTEES

(A) A judicial candidate* subject to a retention election may establish a campaign committee to manage and conduct a campaign for the candidate, subject to the provisions of the Iowa Code of Judicial Conduct. The candidate is responsible for ensuring that his or her campaign committee complies with applicable provisions of this Code and other applicable law.* (B) A judicial candidate subject to a retention election shall direct his or her campaign committee: (1) to solicit and accept only such campaign contributions* as are permissible by law; (2) to not solicit or accept any campaign contributions from other judicial officers or any judicial branch employee; (3) to contribute all surplus contributions held by the committee after the election without public attribution to the Interest on Lawyers’ Trust Account Program (IOLTA). (4) to comply with all applicable statutory requirements under the Iowa Code and all applicable rules of the Iowa Ethics and Campaign Disclosure Board; and (5) to comply with all applicable requirements of this Code. Comment [1] Judicial candidates are prohibited from personally soliciting campaign contributions or personally accepting campaign contributions. See rule 51:4.1(A)(8). This rule recognizes that in Iowa, judges standing for retention must raise campaign funds to support their candidacies, and permits judicial candidates, other than candidates seeking appointment to judicial office, to establish campaign committees to solicit and accept reasonable financial contributions or in-kind contributions. [2] Campaign committees may solicit and accept campaign contributions, manage the expenditure of campaign funds, and generally conduct campaigns. However, campaign committees may not solicit or accept campaign contributions from other judicial officers or from any judicial branch employee. Candidates are responsible for compliance with the requirements of election law and other applicable law, and for the activities of their campaign committees. [3] At the start of a campaign, the candidate must instruct the campaign committee to solicit or accept only such contributions as are in conformity with Iowa election laws. Although lawyers and others who might appear before a successful candidate for judicial office are permitted to make campaign contributions, the candidate should instruct his or her campaign committee to be especially cautious in connection with such contributions, so they do not create grounds for disqualification if the candidate is retained in his or her judicial office. See rule 51:2.11. [4] Iowa has adopted a system whereby judges periodically must stand for retention during the general election. See Iowa Code ch. 46. Iowa Code chapter 68A permits a judicial candidate to establish a candidate’s committee to support that individual’s candidacy, while section 68A.102(4) defines “candidate” so as to include “any judge standing for retention in a judicial election.” The Iowa Code, thus, envisions and creates a system allowing a judge to establish campaign committees when involved in a judicial retention election. The Iowa Code of Judicial Conduct merely implements this system, albeit in a more restrictive fashion than for those seeking political or other office. [Court Order April 30, 2010, effective May 3, 2010] 51:4.5: ACTIVITIES OF JUDGES WHO BECOME CANDIDATES FOR Rule NONJUDICIAL OFFICE (A) Upon becoming a candidate for a nonjudicial elective office, a judge shall resign from judicial office, unless permitted by law* to continue to hold judicial office. (B) Upon becoming a candidate for a nonjudicial appointive office, a judge is not required to resign from judicial office, provided that the judge complies with the other provisions of this Code. Comment [1] In campaigns for nonjudicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act if elected to office. Ch 51, p.28 IOWA CODE OF JUDICIAL CONDUCT August 2010 Although appropriate in nonjudicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her. The potential for misuse of the judicial office, and the political promises that the judge would be compelled to make in the course of campaigning for nonjudicial elective office, together dictate that a judge who wishes to run for such an office must resign upon becoming a candidate. [2] The “resign to run” rule set forth in paragraph (A) ensures that a judge cannot use the judicial office to promote his or her candidacy, and prevents post-campaign retaliation from the judge in the event the judge is defeated in the election. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the “resign to run” rule. [Court Order April 30, 2010, effective May 3, 2010]