Williams-Yulee v. Florida Bar

Facts

Florida is one of 39 States where voters elect judges at the polls. To promote public confidence in the integrity of the judiciary, the Florida Supreme Court adopted Canon 7C(1) of its Code of Judicial Conduct, which provides that judicial candidates “shall not personally solicit campaign funds . . . but may establish committees of responsible persons” to raise money for election campaigns. Contributors may not donate more than $1,000 per election to a trial court candidate or more than $3,000 per retention election to a Supreme Court justice. Campaign committee treasurers must file periodic reports disclosing the names of contributors and the amount of each contribution. D decided to run for a seat on the county court. D drafted a letter announcing her candidacy. The letter described her experience and desire to “bring fresh ideas and positive solutions to the Judicial bench.” The letter then stated: “An early contribution of $25, $50, $100, $250, or $500, made payable to ‘Lanell Williams-Yulee Campaign for County Judge,’ will help raise the initial funds needed to launch the campaign and get our message out to the public. I ask for your support in meeting the primary election fundraiser goals. Thank you in advance for your support.” The Florida Bar (P) filed a complaint against her. P was charged with violating Rule 4-8.2(b) of the Rules Regulating the Florida Bar. That Rule requires judicial candidates to comply with applicable provisions of Florida’s Code of Judicial Conduct, including the ban on personal solicitation of campaign funds in Canon 7C(1). D argued that the First Amendment protects a judicial candidate’s right to solicit campaign funds in an election.  The Florida Supreme Court appointed a referee, who publicly sanctioned here and ordered her to pay a fine of the costs of the proceeding ($1,860). The Supreme Court granted certiorari. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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