June 19, 2009
Judge John Fogleman
206 River Trace Drive
Marion, Arkansas 72364
Re: Advisory Opinion 2009-03
Dear Judge Fogleman:
Thank you for your inquiries conceming a judicial candidate acquiring tickets for and attending certain events. The Advisory Committee responds as follows:
l. As a judicial candidate, you may purchase a ticket to and attend an event sponsored by the Green Party, the Democratic Party, the Republican Party or any other political organization, as that term is defined by the Code of Judicial Conduct, so long as neither event occurs more than 365 days before the applicable election. Rule 4.1 (A) (4); Rule 4.2 (B) (4)
2. As a sitting judge who is not a judicial candidate, you may purchase a ticket and attend an event sponsored by a political organization at any time, even before 365 days before the applicable election. Rule 4.1 (A) (4), Comment 6A
3. As either a sitting judge or judicial candidate, you may not at any time purchase a ticket to or attend an event which you know to be a fund-raiser for a candidate. Rule 4.1
4. As a judicial candidate, you may not personally accept the gift of a ticket for which a monetary price is usually charged for admittance to an event sponsored by a political organization. The gift would constitute a political contribution. Rule 4.1 (A) (8); See code TERMINOLOGY for definition of “contribution”.
5. As a sitting judge who is not a judicial candidate, you may, at any time, personally accept, subject to reporting requirements, the gift of a ticket to an event sponsored by a
political organization. Rule 3.13 (C); Rule 3.15
Ju e John Cole
For the Committee
