The answer is emphatically, “no.” Even more importantly, the judge and the lawyer should have made full disclosure to all parties. The New Code of Judicial Conduct is very clear on these campaign contributions. Under New Code of Judicial Conduct, Rule 2.11, which is titled “Disqualification,” a judge shall disqualify himself or herself if their impartiality might be reasonably questioned. The key is to note the change from the old rule. The old rule had the word “should” and now the word is the mandatory “shall.” Rule 2.11(a)(4) discusses when a judge learns that a party or a lawyer or a law firm 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 the case. Part of the evaluation process, the judge has to consider the public perception of a large contribution. The rule notes that there is a rebuttable presumption that the recusal or disqualification is not warranted when the contribution or reimbursement transportation, lodging, hospitality, or other expenses is equal to or less than the amount required to be reported as a gift. The amount that is required to be reported as a gift is $250 or more.

Therefore, in Pennsylvania, if the campaign contribution is less than $250, there is a rebuttable presumption that the judge can be fair. If it’s more than $250, then the judge has to reveal it and there has to be consideration whether or not the judge can remain on the case.

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