There has long been a prohibition precluding a judicial candidate from personally soliciting monetary donations to their political campaign. In Pennsylvania, judicial fundraising has always been done through the campaign committee of the judicial officer. I was involved with a challenge to an old Canon 7 prohibition many years ago on that issue. The U.S. Court of Appeals for the Third Circuit found this prohibition to be consistent with the First Amendment because the state had a valid reason for limiting judicial candidate solicitation.

In Pennsylvania, since judges are elected, there have been attempts to draw a bright line. A campaign committee can solicit and accept funds. But the candidate traditionally cannot. As noted, the Third Circuit denied my challenge to the rule prohibiting judicial candidate solicitation in the case of Stretton v. Disciplinary Board, 944 F.2d 137, Third Circuit 1991.

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