Could a judge or judicial candidate serve as a delegate to a major party’s national convention?

Plain-English summary

The Commission considered whether a judge or judicial candidate could participate as a delegate in a Democratic or Republican National Convention.

It concluded that delegate service was inappropriate under former Canons 7A(2) and 7A(4). Although Canon 7A(2) allowed judges to attend political gatherings and contribute to recognized parties, Canon 7A(4) restricted other political activity to measures improving the law, legal system, or administration of justice.

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 judge be a convention delegate?

A: No. The Commission said participation as a national party convention delegate was precluded.

Q: Could a judge attend political gatherings?

A: The quoted Canon allowed attendance, subject to the other stated limits on political activity.

Background and rules framework

The Commission applied former Canons 7A(2) and 7A(4) together to distinguish permitted attendance from delegate participation.

Citations and references

West Virginia Judicial Code of Ethics (former):

• Canon 7A(2) and (4), political conduct.

See also

• WV JIC Advisory Opinion 1992-15: County party contribution

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1992-14, 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 Capitol

Charleston 25305

June 30, 1992

JIC Advisory Opinion 1992-14

·Dear Judge

Your recent correspondence to Counsel for the Judicial Investigation Commission has been referred to the full Corrunission for its consideration. In that letter you asked if a judge or a judicial candidate can participate as a delegate in the Democratic or Republican National Convention ..
After reviewing your correspondence, the Commission feels that it would not be appropriate for a judge or judicial candidate to participate as a delegate in the Democratic or Republican National Convention.
This opinion is based upon· the pertinent. language contained in Canon 7A (2) and (4). This language states:
Canon 7
A Judge Should Refrain from Political Activity Inappropriate to His Judicial. Office.
A. Political Conduct in General.

(2) A judge may attend political gatherings, speak to such gatherings on subjects permitted under Canon 4A, [A judge ma.y speak, write, lecture, teach, and participate i.n other activities concerning the law, legal system, -and the administration of justice.) identify himself as a member of a political. party, and contribute to a political party or political organization recognized by law.

The Honox.·ablt;i
June 30, 1992

(4) A judge should not engag.e in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.
'rhese provi.sions of Canon 7 would preclude a judge or judicial candidate from participating as a delegate in the Democratic or Republican National Convention.. If you have any further questions regarding this matter, do not hesitate to contact the Commissi.on.

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~°:1 L. Eo'.', II
A'.cting Cha1.rman

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