Rule 4.4 continues to bar judicial candidates from personally receiving or soliciting campaign contributions, but, under the revisions announced Wednesday, two new exceptions are available to judicial candidates. First, a judicial candidate may make a general request for campaign contributions when speaking to an audience of twenty or more persons. Second, a judicial candidate may sign letters soliciting campaign contributions if the letters are for distribution by the judicial candidate’s campaign committee and the letters direct contributions are to be sent to the campaign committee and not the judicial candidate.

The Justices voted 4-1 to amend Rule 4.4 with Justice Paul Pfeifer voting no and Chief Justice Eric Brown and Justice Judith Ann Lanzinger not participating as both are on the ballot this November. The Supreme Court’s move took place in response to a U.S. Sixth Circuit Court of Appeals ruling which struck down similar rules for judicial candidates in Kentucky.

Here is the text from the announcement on the Ohio Supreme Court Web site:

The amended solicitation rule continues to bar judicial candidates from personally soliciting or receiving campaign contributions, but establishes two new exceptions to the personal solicitation ban. … Those exceptions are:

• “A judicial candidate may make a general request for campaign contributions when speaking to an audience of twenty or more individuals;”
• “A judicial candidate may sign letters soliciting campaign contributions if the letters are for distribution by the judicial candidate’s campaign committee and the letters direct contributions to be sent to the campaign committee and not to the judicial candidate.”

The amendments to Rule 4.4 became effective on August 12, 2010.

Photo of the Ohio Judicial Center.