Could a judicial candidate's campaign committee raise funds to defend an election contest?
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.
Plain-English summary
A judicial candidate asked whether the campaign committee could raise more funds to pay attorney fees and other expenses defending a petition contesting the election. The candidate referred to a similar determination by the Secretary of State and Attorney General's office involving another judge-elect.
The Commission said the committee could raise funds for the defense. It treated the litigation as a continuation of the committee-managed campaign activity permitted by former Canon 5C(2), which allowed committees to solicit reasonable contributions while forbidding private use of campaign funds.
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 campaign committee raise funds for the election-contest defense?
A: Yes. The Commission characterized that defense as a continuation of the candidate's campaign.
Q: Did the opinion authorize personal fundraising by the candidate?
A: No. The quoted former Canon 5C(2) barred personal solicitation and distinguished fundraising by the candidate's committee.
Background and rules framework
The letter applied former Canon 5C(2) of the West Virginia Code of Judicial Conduct, which governed candidates and their committees in public elections.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 5C(2).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2000-41, 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
December 7, 2000
JIC Advisory Opinion 2000-41
Dear Mr.
In a recent letter to Counsel, you requested an advisory opinion regarding the raising of additional funds by the Committee to Elect for Judge to finance attorney fees and other expenses incurred to defend a petition contesting your election to the Division bench in County. You asked whether such action would violate Canon 5C(2) of the Code of Judicial Conduct. You indicated that the Secretary of State in conjunction with the Attorney General's office determined that another judge-elect was permitted to use campaign funds to defend a similar action challenging that individual's election.
Canon 5C(2) of the Code of Judicial Conduct 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 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 contributions and public support from lawyers. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others.
The Canon permits the committees to conduct campaigns for the candidate by specific named means and “other means not prohibited by law.”
December 7, 2000
Page Two
It is the opinion of the Commission that your committee could raise funds to defend the petition contesting your election since, in the view of the Commission that would be a continuation of the activity which is permitted under the language set forth in Canon 5C(2). A cursory review of the statutory provisions governing campaign activity and election matters suggests this construction of the Canon is consistent with those cases interrupting statutory law. The activities which you now must undertake are a continuation of the campaign for judicial office which has been conducted and managed by your committee.
It is hoped that this opinion fully addresses the questions which you have raised. If there is any additional question concerning this matter do not hesitate to contact the Commission.
Very truly yours,
Donald H. Cookman, Chairman
Judicial Investigation Commission
DHC:nb
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