Could a magistrate use the state seal in reelection campaign materials?

Plain-English summary

A magistrate asked whether the state seal could appear on campaign materials for reelection. The Commission noted that official judicial letterhead bore the seal.

It concluded that the seal on campaign materials would confuse the public and give the appearance that official judicial letterhead was furthering a political campaign. That would violate former Canon 2's restriction on using the prestige of judicial office to advance private interests.

Currency note

This opinion was issued in 2000, 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 magistrate put the state seal on campaign materials?

A: No. The Commission said doing so would violate former Canon 2.

Q: Why was the seal a problem?

A: The Commission said the public could think official judicial letterhead was being used to further the campaign.

Background and rules framework

The letter quoted former Canon 2B's prohibition on lending the prestige of judicial office to advance private interests and applied it to the use of the state seal on campaign material.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 2B.

See also

• WV JIC Advisory Opinion 2000-26

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2000-16, 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
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 • FAX (304) 558-0831

March 10, 2000
JIC Advisory Opinion 2000-16

Dear Magistrate

Your recent request for an advisory opinion has been reviewed by the Commission. In that request you asked whether you can use the State Seal as part of your campaign material for reelection as a magistrate.

To address the question which you have raised, the Commission reviewed Canon 2 which states in relevant part:

Canon 2. - A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.

B. A judge shall not allow family, social, political, or other relationships to influence the judge's judicial conduct or judgement. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or knowingly permit others to convey the impression that they are in a special position to influence the judge. . . .

It is the opinion of the Commission that this provision of Canon 2 prohibits a judge from using the prestige of judicial office to advance the private interests of the judge or anyone else. All official judicial letterhead bears the State Seal. It is the feeling of the Commission that to use the State Seal on campaign material would be confusing to the public and give the appearance that official letterhead was being used to further a political campaign. This would violate the relevant provisions of Canon 2.

March 10, 2000
Page Two

It is hoped that this fully addresses the question which you have raised. If you have any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

John W. Bennett, Chairman

JWB:nb