Friday, February 27, 2026
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Ethics Body Greenlights Contributions Between Commissioners Running for Judgeship
By a MetNews Staff Writer
A judicial ethics committee has issued an expedited advisory opinion declaring that court commissioners who are running for a judicial seat may solicit campaign contributions and endorsements from others holding the same title—but not from additional court personnel—without running afoul of judicial ethics.
Yesterday, the California Supreme Court Committee on Judicial Ethics Opinions (“CJEO”), an independent body authorized and appointed by the high court, acknowledged that Canon 5B(4) of the California Code of Judicial Ethics prohibits judges from soliciting from commissioners and other “subordinate” personnel but said that the rule was adopted out of concern over the “inherent risk of coercion arising from the hierarchical relationship.”
The canon provides:
“In judicial elections, judges may solicit campaign contributions or endorsements for their own campaigns or for other judges and attorneys who are candidates for judicial office. Judges are permitted to solicit such contributions and endorsements from anyone, including attorneys and other judges, except that a judge shall not solicit campaign contributions or endorsements from court commissioners, referees, retired judges, court-appointed arbitrators, hearing officers, and temporary judges, or from court personnel.”
No Coercion
Opining that “those same concerns” over coercion are not at play between individuals holding the same title, the body commented:
“Commissioners do not exercise supervisory or disciplinary authority over one another in the manner judges exercise authority over subordinate judicial officers and court personnel. As a result, the risk of perceived or actual coercion that underlies canon 5B(4)’s prohibition is not implicated.”
Concluding that commissioner-to-commissioner campaign solicitations do not run afoul of the rule, CJEO advised that such parties “[must otherwise comply] with all applicable…authority governing judicial campaign activity” including “disqualification and disclosure requirements…and the general admonition against…activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.”
Refrain From Soliciting
The advisory committee added:
“It bears noting, however, that while a commissioner is permitted to seek endorsements and/or contributions from fellow court commissioners, the commissioner must still refrain from soliciting donations or endorsements from any court personnel.”
CJEO points out:
“This expedited advice opinion is advisory only….The conclusions expressed in this opinion are those of the committee and do not necessarily reflect the views of the California Supreme Court or any other entity.”
Twelve jurists from across the state sit by appointment on the CJEO, including Los Angeles Superior Court Presiding Judge Samantha P. Jessner, Los Angeles Superior Court Judge D. Brett Bianco, and five current and retired Court of Appeal justices.
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