Did the noncandidate judge endorsement ban reach judicial candidates and campaign signs on private property or cars?
Apply this to your situation
This page answers the general question as of 1990. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A requester asked three questions about former Canon 7A(1)(b), which restricted a noncandidate judge’s public endorsements.
The Commission said the restriction applied to both judicial and nonjudicial candidates. It also said campaign posters or billboards on private property and posters or bumper stickers on private cars were prohibited public endorsements.
Currency note
This opinion was issued in 1990 under the earlier Judicial Code of Ethics, before West Virginia adopted its 1993 Code and its 2015 Code of Judicial Conduct, effective December 1, 2015. Subsequent rule changes or later opinions may have changed the analysis. Treat this page as historical context and verify the current Code before relying on the letter's conclusion.
Common questions
Q: Did the restriction cover judicial candidates?
A: Yes, as well as nonjudicial candidates.
Q: Could a judge display campaign signs at home or on a car?
A: No. The Commission answered no for private-property signs and vehicle stickers or posters.
Background and rules framework
The Commission applied former Canon 7A(1)(b)’s prohibition on public endorsement of candidates by a noncandidate judge.
Citations and references
West Virginia Judicial Code of Ethics (former):
- Canon 7A(1)(b), political endorsements.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1990-09, redacted
- Code adoption date: West Virginia JIC 2015 Annual Report
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
Room E-400, State Capito!
Charleston 25305
November 5, 1990
Re: JIC Advisory Opinion 1990-09
Dear
Your request for an advisory opinion has been reviewed by the Judicial Investigation Commission at its last meeting. In your request you state that Canon 7A(l) (b) provides in part that a noncandidate judge may not "publicly endorse a candidate for public office" except: He may attend, and in some circumstances speak at, political gatherings; he may identify himself as a member of a political party; and he may contribute financially to a political party or other organization.
You state that your office has received inquiries about the extent of the prohibition against public endorsement of candidates. You raise three questions in your correspondence which the Commission addressed:
1. Does it prohibit public endorsement of both judicial and nonjudicial candidates? Yes
2. Does it prohibit the display of posters, billboards, etc., on private property? Yes
3. Does it prohibit the display of posters, bumper stickers, etc., on private automobiles? Yes If there is any further question concerning the matters which you have raised in your request, do not hesitate to contact the Commission.
CRG/bl
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