Could a judicial candidate place the state seal above the judicial title and courthouse address on campaign material?
Apply this to your situation
This page answers the general question as of 1992. 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 judicial candidate proposed putting the state seal above the judicial title and courthouse address on campaign literature.
The Commission found the arrangement improper under former Canon 2 because it would look like official stationery and create an appearance of impropriety. The letter also mentioned analogous New York and Indiana advisory opinions.
Currency note
This opinion was issued in 1992 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: Could the candidate use the seal as proposed?
A: No. The Commission said the seal, title, and courthouse address together would misleadingly resemble official stationery.
Q: What ethical provision did it consider?
A: Former Canon 2 and its concern with the appearance of impropriety.
Background and rules framework
The Commission applied former Canon 2 to the appearance created by state symbols and official address information on campaign material.
Citations and references
West Virginia Judicial Code of Ethics (former):
- Canon 2, appearance of impropriety.
Analogous opinions cited: New York Office of Court Administration Opinion 129 (1978); Indiana Commission on Judicial Qualifications Opinion U 4 (1984).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1992-03, 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, Stale Capitol
Charleston 25305
February 28, 1992
Re: JIC Advisory Opinion 1992-03
Dear
Counsel for the ~Tudicial Investigation Commission has referred your request for ah advisory opinion to the Commission for its consideration. -In your request you ask whether you may use the State Seal immediately over your
title, JUdqe
county Circuit
Court, County Courthouse, West
Virginia , on your campaign literature. The members of the Commission have reviewed your request. and have determined that -such use would be. _improper.
The use of the State Seal with your official title and the courthouse address would create an appearance of impropriety. Furthermore, the use of the State Seal and your name and courthouse address would lend itself to an appearance of official stationery and would not be appropriate on campaign materials. The Commission has reviewed the language in Cct.non 2 in reaching its opinion. Analogous opinions have been issued in New York and Indiana - NY Office of Ct. Administration, Op. 129 (1978); Ind. Co1mn'n on Judicial Qualifications, Op. U 4 (1984).
The languag·e contained in
memorandum which
you cite in your inquiry would cover the use of a bumper stic1rnr on your private automobile if the vehicle were on court premises ..
If the Commission can be of any further assistance to you, do not hesitate to contact it.
Very t
.--
w. ck Stevens, Chairman
WJ'S/bl
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