Did an unopposed judge who would not campaign need a treasurer or campaign committee?

Short answer West Virginia JIC Opinion 2000-18 said a judge unopposed in both elections who did not intend to campaign needed neither a campaign committee nor a treasurer under former Canon 5C(2).
Bar
JUDICIAL-WV
Issued
March 13, 2000

Apply this to your situation

This page answers the general question as of 2000. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

An incumbent judge unopposed in both the primary and general elections said he did not plan to solicit contributions, incur expenses, or engage in a campaign. He asked whether he nevertheless needed a treasurer or committee.

The Commission applied former Canon 5C(2) and said he needed neither a committee nor a treasurer on those facts. It also cited a JIC advisory opinion dated January 12, 2000, without giving its number.

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: Did the unopposed judge need to create a campaign committee?

A: No, given that he did not intend to engage in a campaign.

Q: Did the opinion require a treasurer?

A: No. The Commission said no treasurer was needed on the described facts.

Background and rules framework

Former Canon 5C(2) allowed candidates to establish committees to conduct campaigns and solicit contributions. The Commission found that a committee and treasurer were unnecessary where the unopposed judge did not intend to campaign.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 5C(2).

Other opinions cited:

  • JIC advisory opinion dated January 12, 2000; no number is given in this letter.

See also

Source

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 13, 2000
JIC Advisory Opinion 2000-18

Dear Judge

Your recent request for an advisory opinion has been reviewed by the Judicial Investigation Commission. In your letter to the Commission you stated that you are unopposed in both the primary and general elections and do not anticipate soliciting or accepting campaign contributions or incurring expenses. The correspondence to the Commission suggested that you would not be engaging in a campaign since you are unopposed. You asked whether it is necessary under the Code of Judicial Conduct based upon your circumstances to name a treasurer or create a committee.

To address the request which you have made the Commission reviewed Canon 5 of the Code of Judicial Conduct which states in relevant part:

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 may, however, establish committees of 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 reasonable campaign contributions, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. . . .

March 13, 2000
Page Two

Based upon the language contained in Canon 5C(2) it is the opinion of the Commission that based on the fact that you are unopposed in the primary and general elections and do not intend to engage in a campaign you do not need to establish a committee or name a treasurer. See e.g., JIC Advisory Opinion January 12, 2000.

It is hoped that this opinion 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
Enclosure

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