Could a judge and family donate to a fellow judge’s campaign or pay to attend its fundraiser?

Plain-English summary

A judge asked eight questions about funding a fellow judge’s campaign, contributions through a county party committee, donations by family members, and paying for a campaign dinner.

The Commission allowed the judge to contribute to a political organization, but not to an individual judge’s campaign or a party contribution earmarked for it. It allowed the spouse and children to give from separate funds without the judge’s involvement, and the mother and brother to give from their own funds. It said the judge could attend a public gathering but could not pay to attend an individual candidate’s fundraiser, reasoning that this would amount to prohibited solicitation under former Canon 5A(1)(e).

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 judge give directly to the fellow judge’s campaign?

A: No. The Commission allowed contributions to a qualifying political organization, not an individual candidate campaign.

Q: Could family members contribute?

A: Yes, subject to the separate-funds and no-judge-involvement conditions described in the letter.

Q: Could the judge pay for the candidate’s fundraising dinner?

A: No. The Commission said the judge could attend a public gathering but not pay to attend that candidate’s fundraiser.

Background and rules framework

Former Canon 5C(1) addressed political gatherings and contributions to political organizations; Canon 5A(1)(e) barred a judge from soliciting funds for a political organization or candidate.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 5C(1)(a)(i) and (iii), political gatherings and contributions.
• Canon 5A(1)(e), political fundraising.

See also

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

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-23, 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

August 28, 1995

Re: JIC Advisory Opinion 1995-23

Dear
Your recent letter to the Judicial Investigation Commission in which rou asked for an advisory opinion was reviewed by the Commission at its recent meeting. In that correspondence you asked an opinion on eight separate questions. This letter will address the matters which you have raised in the order set forth in your correspondence.
(1) Within legal limits, can I contribute money to my fellow ⇒ udge's campaign? The language contained in Canon 5C (1} (iii) states that "a judge or a candidate subject to public election may except as prohibited by law contribute to a political organization." A political organization is defined as "a political party or other group, the principal purpose of which is to further the election or appointment of candidates to political office." Canon SA (1) (e) states that a judge shall not 11 solicit funds for a political organization or candidate." Based on the language in Canon 5 you may contribute to a political organization as defined in the Code of Judicial Conduct; however, you may not contribute to an individual judge's campaign.
(2) Can I contribute moner to my county political ~arty executive committee and restrict its use to my fellow Jud~e's campaign? The language cited in answer to (1) would prohibit this activitf• You may contribute to the count¥ ~olitical party executive committee if it meets the definition of a political organization as set forth in the Code of Judicial Conduct. However, rou could not restrict the use of the contribution to an individual judge's campaign.

• 2 - August 28, 1995

(3) Can my wife contribute money to said campaign? Your wife could contribute to the campaign if the contribution was made from an account separate from any joint account which you may hold with your spouse. All efforts must be taken to demonstrate that you were not involved in making the contribution. See West Virginia Advisory Opinion (June 19, 1991) which is attached hereto.
(4) Can my 18-year-old son do so? Yes, your 18-year-old son could contribute to the campaign under the same restrictions which apply as set forth in (3).
(5) can mr 15-year-old daughter do so? same restrictions as set forth in (3).
Yes, based on the

(6) Can my 72-year-old mother do so? Yes, the contribution would come from her own funds and/or account.
(7) Can my adult brother do so? Yes, the contribution would come from his own funds and/or account.
(8} If I or my aforesaid family members attend a public fundraising event form¥ fellow judge's campaign, is there any restriction or prohibition (other than the standard legal limits for campaign contributions) on payment? Specifically, if I, my wife, and children attend a $100-a-plate ham dinner, can any of all of us pa¥ the $100 each for such dinner? Canon SC !l) ~iii) pernuts you to "contribute to a political organization.• However, Canon 5A (1) (e) prohibits you from "soliciting funds for a political orca-anization or candidate." Canon 5C (1) (a) (i) permits you to •purchase tickets for and attend political gatherings." Based on a readim] of the language contained in these sections of canon 5 it is the opinion of the commission that while you may attend a public ~athering you could not pay to attend a funaraiser for an individual political candidate. Attending a fundraiser for an individual political candidate would result in your soliciting funds for a political candidate and this activity is prohibited by Canon 5A (1) (e) of the Code of Judicial Conduct.
It is ho~ed that this opinion addresses those concerns which you raised in your correspondence. If you have any further question re~arding these matters, do not hesitate to contact the Commission.
V

FLF,II/bl
Enclosure
' d L. F ~
II, Chairman