Could a judge perform with a paid band at a prosecutor candidate’s fundraiser?
Apply this to your situation
This page answers the general question as of 2004. 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 who sometimes worked as a professional musician asked about playing with a band at a prosecutor candidate’s fundraiser. The band would receive its normal $450 fee, of which the judge would receive $75; the judge’s name and office would not be advertised. Applying former Canon 5, the Commission advised against the performance because it could be seen as public endorsement and would involve the judge in fundraising.
In practice
The Commission reached its answer even though the band would charge its normal rate and would not identify the performer as a judge.
Common questions
Q: Did the ordinary performance fee change the result?
A: No. The Commission advised against the appearance despite the stated normal rate and the judge’s $75 share.
Q: What conduct concerned the Commission?
A: It said the performance could be construed as a public endorsement and would involve the judge in fundraising.
Background and rules framework
The letter quoted former Canon 5A(1)(b), which barred a judge from publicly endorsing or opposing another public-office candidate.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 5; Canon 5A(1)(b).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2004-19, redacted
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
May 17, 2004
JIC Advisory Opinion 2004-19
Dear Judge
In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. In your letter you state that you are sometimes engaged in self-employment as a professional musician. Recently your band was contacted in regard to a political function set to take place on September 10, 2004. A candidate for County Prosecuting Attorney sought to hire the band to perform at a fund raiser steak fry. The candidate has been quoted the normal rate for a three-hour engagement by your band. He has agreed to compensate the band $450 for the performance. Your portion of the amount would be $75. You state that your name is not utilized in connection with the band nor are you introduced or otherwise noted to be a judge.
The Commission reviewed Canon 5 of the Code of Judicial Conduct to address the question which you have raised. Canon 5 states in relevant part:
Canon 5. A judge or judicial candidate shall refrain from inappropriate political activity.
A. All judges and candidates. (1) Except as authorized in sections 5B(2), 5C(1), and 5C(3), a judge or a candidate for election or appointment to judicial office shall not:
(b) publicly endorse or publicly oppose another candidate for public office; ...
The Honorable
May 17, 2004
Page Two
Based upon this section of Canon 5, it is the opinion of the Commission that you should not engage in this activity since it could be construed as a public endorsement and you as a judge would also be engaging in fund raising.
If there is any further question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
Fred L. Fox, II, Chairperson
Judicial Investigation Commission
FLF,II:nb
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