Could lawyers who regularly practiced before a judge serve on that judge’s campaign committee?

Plain-English summary

A judge’s reelection committee included attorneys who appeared before the judge, either personally or through their firms. The judge asked whether this was proper.

The Commission said the lawyers could serve on the committee. Under former Canon 3E(1) and its commentary, however, the judge had to disclose the relationship when a committee lawyer appeared so parties and counsel could make an informed decision about seeking recusal.

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 those lawyers serve on the campaign committee?

A: Yes. The Commission permitted their service.

Q: What was required when a committee lawyer appeared?

A: The judge had to disclose the relationship to allow an informed recusal decision.

Background and rules framework

Former Canon 3E(1) required disqualification when impartiality might reasonably be questioned; its commentary called for disclosure of information relevant to that question.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 3E(1) and commentary, disqualification and disclosure.

See also

• WV JIC Advisory Opinion 1995-36: Campaign office lease

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-34, 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

December 13, 1995

Re: JIC Advisory Opinion 1995-34

Dear
Your letter to Counsel for the Judicial Investigation Commission was reviewed by the Commission at its recent meeting. In that letter you state that in preparation for your election campaign in 1996, you have formed a campaign committee. Members of that committee are attorneys who regularly practice before you. Some of the attorneys who are on the committee make personal appearances before you while others have associates or law partners who regularly appear before you. You asked for an opinion regarding the propriety of the practice of having these attorneys on a campaign committee.
Canon 3E(l) of the Code of Judicial Conduct states that a judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned. The commentary following that Canon states that a judge should disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes that there is no real basis for disqualification. Based on the language set forth in canon JE(l) the Commission believes that lawyers who appear before you could serve on your campaign committee. However, you must disclose this relationship when one of the attorneys does appear in front of you so that all parties and their attorneys can make an informed decision about whether to seek your recusal from that particular case. See Tennant v. Marion Health Care Foundation, Inc., 1995 WL 361802 (W.va. 1995).

• 2 - December 13, 1995

It is hoped this opinion fully addresses the inquiry which you have made. If there is any additional question regarding this matter, do not hesitate to contact the Commission. ery trtly yours,

--..... n,,~.~ ed L. Fox, II, Chairman
FLF,II/bl