Could a judge’s spouse hold a political fundraiser in the couple’s home?

Plain-English summary

A requester asked whether a judge’s wife could host a political fundraiser in the home she shared with the judge.

Applying former Canon 5, the Commission said the spouse could host the event if the judge did not participate in raising funds or endorsing a candidate. The letter emphasized the Canon’s bans on a judge’s public endorsement or opposition of another candidate and solicitation of funds for a political organization or candidate.

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 spouse host the fundraiser in their shared home?

A: Yes, if the judge did not raise funds or endorse a candidate.

Q: What participation did the Commission bar for the judge?

A: Raising political funds or endorsing a candidate in connection with the event.

Background and rules framework

Former Canon 5A restricted a judge’s political endorsements and fundraising. The letter also quoted Canon 5C provisions governing political gatherings and judicial candidates’ campaign committees.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 5A(1)(b) and (e), endorsements and fundraising.
• Canon 5A(3)(a), judicial candidates’ family conduct.
• Canon 5C(1) and (2), political activity and campaign committees.

See also

• WV JIC Advisory Opinion 1995-23: Contributions to fellow judge

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-24, 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.

• 1_

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 1995-24

Dear
In a letter to Counsel you asked for an advisory opinion regarding whether or not the wife of a judge can have a political fundraiser in the home in which the judge and his wife reside. This request was reviewed by the Commission at its recent meeting.
The relevant language set forth in sections of Canon 5 addresses the question which you have raised. Canon 5A states in pertinent part:
CANON 5
A JUDGE OR JUDICIAL CANDIDATE SHALL REFRAIN FROM INAPPROPRIATE POLITICAL ACTIVITY
A. All Judges and Candidates.
(1) Except as authorized in Sections 5B(2), 5C(l), and 5C(J), a judge or a candidate for election or appointment to judicial office shall not:

(b) publicly endorse or publicly oppose another candidate for public office;

• 2 - August 28, 1995

(e) solicit funds for a political organization or candidate.

(3) A candidate for a judicial office
(a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary, and shall act in a manner that promotes public confidence in the integrity and impartiality of the judiciary, and should encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate that apply to the candidate; • • • Canon 5C of the Code of Judicial Conduct states in pertinent part: c. Judges and Candidates Subject to Public Election.
(1) A judge or a candidate subject to public election may, except as prohibited by law:
(a) at any time
(i) purchase tickets for and attend political gatherings;
(ii) identify himself or herself as a member of a political party; and
(iii) contribute to a political organization;

(2) A candidate shall not personally solicit or accept campaign contributions or personally solicit publicly stated support. A candidate may, however, establish committees of responsible persons to conduct campaigns for the candidate throu~h media advertisements, brochures, mailings, candidate forums, and other means not prohibited by law. such committees may solicit and accept reasonable campaign contributions, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy • • . .

                                -       3 -         August 28, 1995

Based on the language contained in these relevant sections of Canon 5, it is the opinion of the commission that the wife of a judge could have a political fundraiser in the home in which the judge and the wife reside as long as the judge was not involved in raising funds or endorsing any candidate. The judge should be very careful about any such activity since the language in Canon 5 is clear in prohibiting the public endorsement or public opposition of another candidate for public office by a judge and the solicitation of funds for a political organization or candidate by a judge.
It is hoped that this correspondence addresses the issue which you have raised for the Commission. If there is any further question regarding this matter, do not hesitate to contact the Commission. ery trul

, ;.hairman
FLF,II/bl