Could a former judge's campaign committee give surplus funds to a nonjudicial candidate?

Plain-English summary

A former circuit judge's judicial campaign committee had an excess balance and wanted to give some or all of it to a state candidate's political committee. The requester said state election law permitted the transfer and asked whether the Code of Judicial Conduct did too.

The Commission said former Canon 5C(2)'s prohibition on using campaign contributions for the private benefit of a candidate or others barred the committee from contributing any of the balance to the nonjudicial candidate.

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 committee donate part of its surplus to the state candidate?

A: No. The Commission barred transfer of all or any portion of the balance.

Q: Did permission under state election law settle the judicial ethics question?

A: No. The request said election law permitted the transfer, but the Commission held it impermissible under former Canon 5C(2).

Background and rules framework

The letter quoted former Canon 5C(2)'s rules for judicial campaign committees and emphasized its sentence barring use of campaign contributions for the private benefit of a candidate or others. The Commission relied on that sentence for its answer.

Citations and references

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

See also

• WV JIC Advisory Opinion 2000-33

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2000-23, 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
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 • FAX (304) 558-0831

April 14, 2000
JIC Advisory Opinion 2000-23

Dear Mr.

Your recent request for an advisory opinion has been reviewed by the Judicial Investigation Commission. In that correspondence you stated that you have been advised that the committee which raised and spend funds in connection with your previous judicial campaign has an excess balance in its account. The committee desires to contribute all or a portion of the balance to the political committee of a state candidate for political office (a non-judicial office) which is permitted under state election law. You indicated as a former County Circuit Judge you are concerned as to whether the committee's contribution would be in accordance with the Code of Judicial Conduct. You asked whether the post-election distribution of an excess amount in a former judge's judicial committee's campaign account would be in violation of the Code of Judicial Conduct.

To address the question which you have raised, the Commission reviewed Canon 5C(2) of the Code of Judicial Conduct which states:

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. Such committees are not prohibited from soliciting and accepting reasonable campaign

April 14, 2000
Page Two

contributions and public support from lawyers. A candidate shall not use or permit the use of campaign contributions for the private benefit of a candidate or others. (Emphasis supplied)

Based upon the clear language stated in the last line of Canon 5C(2), it is the opinion of the Commission that your committee may not contribute all or a portion of the balance of the political committee to a state candidate for political office. If you have any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

John W. Bennett, Chairman

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