Did a judge need a campaign committee to raise contributions to repay a personal campaign loan?
Apply this to your situation
This page answers the general question as of 2001. 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 judge had lent $20,000 to the judge's 1996 campaign and later closed its committee. The judge asked whether a new committee was needed to solicit contributions to repay that debt.
The Commission said a committee was required to solicit funds for the debt. It said either continuing the former committee or forming a new one had to comply with former Canon 5C(2) of the West Virginia Code of Judicial Conduct and state election laws. The quoted canon barred a candidate from personally soliciting or accepting campaign contributions, while permitting a committee to do so within the stated limits.
Currency note
This opinion was issued in 2001, 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 judge personally solicit contributions to retire the debt?
A: The Commission applied former Canon 5C(2)'s prohibition on personal solicitation and required a committee for the fundraising.
Q: Did it have to be a newly formed committee?
A: The Commission described continuation of the existing committee or formation of a new one, subject to the canon and West Virginia election laws.
Background and rules framework
The letter quoted former Canon 5C(2)'s rules for judicial candidates and campaign committees. It also referred to West Virginia election laws without identifying a specific statute.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 5C(2).
Other authority mentioned: Election Laws of West Virginia (no section cited).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2001-18, 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
September 28, 2001
Re: JIC Advisory Opinion 2001-18
Dear
In a letter to the Judicial Investigation Commission you asked for an advisory opinion. In that correspondence you stated that when you ran for the
1996 you lent your campaign $20,000. You indicated that you have since closed out the committee in regard to your candidacy and need to know whether you have to form a new committee in order to solicit contributions to retire that debt.
To address the inquiry which you have made, the Commission has reviewed Canon 5 of the Code of Judicial Conduct which states in relevant part as follows:
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 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.
September 28, 2001
Page Two
Based upon the clear language contained in Canon 5C(2) of the Code of Judicial Conduct, it is the opinion of the Judicial Investigation Commission that you must have a committee in order to solicit funds to retire the debt. The continuation of the committee or the formation of a new committee must be done in accordance with the Canon and Election Laws of West Virginia.
It is hope that this opinion fully addresses the inquiry which you have raised. If you have any further question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
Donald H. Cookman, Chairperson
Judicial Investigation Commission
DHC:nb
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