Iowa R. Prof'l Conduct 32:7.6

A lawyer or law firm shall not accept a government legal engagement or an appointment by

a judge if the lawyer or law firm makes a political contribution or solicits political contributions

for the purpose of obtaining or being considered for that type of legal engagement or

appointment.

Comment

[1] Lawyers have a right to participate fully in the political process, which includes making and

soliciting political contributions for judicial retention election and other public office. Nevertheless,

when lawyers make or solicit political contributions in order to obtain an engagement for legal work

awarded by a government agency, or to obtain appointment by a judge, the public may legitimately

question whether the lawyers engaged to perform the work are selected on the basis of competence

and merit. In such a circumstance, the integrity of the profession is undermined.

[2] The term “political contribution” denotes any gift, subscription, loan, advance, or deposit of

anything of value made directly or indirectly to a candidate, incumbent, political party, or campaign

committee to influence or provide financial support for retention in a judicial election or election

to other government office. Political contributions in initiative and referendum elections are not

included. For purposes of this rule, the term “political contribution” does not include uncompensated

services.

[3] Subject to the exceptions below, (i) the term “government legal engagement” denotes any

engagement to provide legal services that a public official has the direct or indirect power to award;

and (ii) the term “appointment by a judge” denotes an appointment to a position such as referee,

commissioner, special master, receiver, guardian, or other similar position that is made by a judge.

Those terms do not, however, include (a) substantially uncompensated services; (b) engagements

or appointments made on the basis of experience, expertise, professional qualifications, and cost

following a request for proposal or other process that is free from influence based upon political

contributions; and (c) engagements or appointments made on a rotational basis from a list compiled

without regard to political contributions.

[4] The term “lawyer or law firm” includes a political action committee or other entity owned or

controlled by a lawyer or law firm.

[5] Political contributions are for the purpose of obtaining or being considered for a governmental

legal engagement or appointment by a judge if, but for the desire to be considered for the

legal engagement or appointment, the lawyer or law firm would not have made or solicited the

contributions. The purpose may be determined by an examination of the circumstances in which the

contributions occur. For example, one or more contributions that in the aggregate are substantial

in relation to other contributions by lawyers or law firms, made for the benefit of an official in a

position to influence award of a government legal engagement, and followed by an award of the

legal engagement to the contributing or soliciting lawyer or the lawyer’s firm would support an

inference that the purpose of the contributions was to obtain the engagement, absent other factors

that weigh against existence of the proscribed purpose. Those factors may include among others

that the contribution or solicitation was made to further a political, social, or economic interest or

because of an existing personal, family, or professional relationship with a candidate.

[6] If a lawyer makes or solicits a political contribution under circumstances that constitute

bribery or another crime, rule 32:8.4(b) is implicated.