Could a judicial candidate be named on a campaign committee’s checking-account signature card to sign checks?

Plain-English summary

A requester asked whether a judicial officer or candidate could be listed on the campaign committee checking-account signature card and sign its checks.

The Commission read former Canon 5C(2) to insulate candidates from personally soliciting or accepting contributions and to leave campaign financial management to responsible committees. It concluded that the judicial officer or candidate could not be named on the account signature card for signing committee checks.

Currency note

This opinion was issued in 1995, before West Virginia adopted 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 sign campaign committee checks?

A: No. The Commission rejected naming the candidate on the signature card for that purpose.

Q: Who could manage campaign contributions under the quoted Canon?

A: The Canon allowed a candidate to establish committees or responsible persons; it authorized such committees to manage campaign funds.

Background and rules framework

Former Canon 5C(2) barred personal solicitation or acceptance of campaign funds by judicial candidates while allowing responsible campaign committees to solicit, accept, and manage contributions.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 5C(2), judicial campaign committees and contributions.

See also

• WV JIC Advisory Opinion 1995-24: Spouse’s home political fundraiser

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-01, 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
212 Dickinson Street
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 FAX (304) 558-0831

February 15, 1995

RE: JIC Advisory Opinion 1995-01

Dear
In a recent letter to counsel you asked the Judicial Investigation Commission for an advisory opinion regarding the ability of a judicial officer or candidate for judicial office to be named on the checking account signature card for purposes of signing checks from his or her respective campaign committee. This request was reviewed by the Commission at its recent meeting.
Canon 5C(2) of the Code of Judicial Conduct states:

CANON 5

A JUDGE OR JUDICIAL CANDIDATE SHALL REFRAIN FROM INAPPROPRIATE POLITICAL ACTIVITY
c. Judges and candidates subject to public election.
(2) A candidate shall not personally solicit or accept campaign contributions or personally solicit publicly stated support. A candidate, however, may establish committees or responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums, and other means not prohibited by law. Such committees may solicit and accept re·asonable campaign contributions, manage the expenditure of funds

• 2 - February 15, 1995
  for the candidate's campaign and obtain public statements of support for his or her candidacy.
  Such committees are not prohibited from solicitin~ and accepting reasonable campaign contributions and public support from lawyers.
  A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others.
  It is clear from this language that the intent of the Canon is to insulate a judicial candidate from any solicitation of funds or publicly stated support. It is further clear from the language of the Canon that a judicial officer shall not use or permit the use of campaign contributions for the private benefit of the judicial officer or others.
  Based upon the intent of the Canon and the language contained in it, it is the opinion of the Commission that a judicial officer or candidate for judicial office would not be permitted to be named on the checking account signature card for purposes of signing checks for his or her respective campaign co1lllnittee.

) It is hoped that this opinion fully addresses the question which rou have raised. If there is any further question regarding this tter, do not hesitate to contact the Commission. tru y yours,

FLF,II/bl