There has been a myth floating around that if someone made a contribution of $250 or more to a judicial campaign, the judge should recuse himself. That is incorrect. Under the New Code of Judicial Conduct for Common Pleas and Appellate Judges Rule 2.11, the Disqualification Rule, is applicable. That rule, as noted, has a mandatory “shell” requirement for a judge to disqualify himself if the judge’s impartiality might reasonably be questioned. There is then a list of personal circumstances where a judge should recuse. Under Rule 2.11(A)(4), the following is noted about lawyers who have contributed to judicial campaigns.

“If a judge knows or learns that a party, a party’s lawyer, a law firm of a party’s lawyer has made a direct or indirect contribution to the judge’s campaign in an amount that would raise a reasonable concern about the fairness or impartiality of the judge’s consideration of a case involving the party, the party’s lawyer, or the law firm of the party’s lawyer. In doing so, the judge should consider the public perception regarding such contributions and their effect on the judge’s ability to be fair and impartial. There shall be a rebuttable presumption that a recusal or disqualification is not warranted when a contribution or reimbursement for transportation, lodging, hospitality, or other expenses is equal to or less than the amount required to be reported as a gift on a judge’s statement of financial interest,” as in the Code of Judicial Conduct, Rule 2.11(a)(4).

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