May a mental hygiene commissioner display judicial candidate campaign signs outside the commissioner’s law office?
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This page answers the general question as of 2014. 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 mental hygiene commissioner was asked to display signs for family court candidates outside the commissioner’s law office.
The Commission noted former Canon 6C(1)(b) exempted continuing part-time judges from certain Canon 5 political-activity provisions. It nonetheless advised against the law-office signs under Canon 2A because a public display could suggest a lack of judicial independence.
In practice
The opinion advises the commissioner against putting judicial campaign signs outside the law office.
Common questions
Q: Does the Canon 5 exemption resolve the question?
A: No. The Commission separately applied Canon 2A’s appearance standard.
Q: What did the Commission advise?
A: It advised against displaying campaign signs outside the law office.
Background and rules framework
Former Canon 6C(1)(b) exempts mental hygiene commissioners from identified Canon 5 provisions. Former Canon 2A addresses appearance of impropriety, which the Commission applied to the proposed public display.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canons 6C(1)(b), 5A(1)(b), 5D, and 2A, part-time judge exemptions and appearance.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2014-09, redacted
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
City Center East - Suite 1200 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 • FAX (304) 558-0831
April 7, 2014
Re: JIC Advisory Opinion 20 14-09.
Dear
Your recent request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: You have been approached by the campaign committees of two candidates for family comt judge who have asked you to place signs in supp01t of their respective candidates in front of your law office. You would like to know if your status as a Mental Hygiene Commissioner precludes you from posting signs or engagin g in any other campaign activity on behalf of one or more family court judges in your jurisdiction.
Mental Hygiene Commissioners are continuing pait-time judges and are required to comply with the vast majority of Canons contained in the Code of Judicial Conduct. However, Canon 6C(l )(b) provides that a Mental Hygiene Commissioner "is not required to comply at any time with .. [Canons] SA(l) [and] SD" which state in pe1tinent 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), SC(l), and 5C(3), a judge or a candidate for election or appointment to judicial office shall not: . . .
ITC Advisory Opinion 20 I 4-09
April 3, 2014
Page 2
(b) publicly endorse or publicly oppose another candidate for public office;
D. Incumbent judges. A judge shall not engage in any political activity except (i) as authorized under any other Section of this Code, (ii) on behalf of measures to improve the law, the legal system or the administration of justice, or (iii) as expressly authorized by law.
Notwithstanding these provisions, the Commission believes the public display of campaign signs in front of a Mental Hygiene Commissioner's law office may create an appearance of impropriety under Canon 2A. Judges hold an important and unique position. Judges are limited in what they can say or do during a political campaign, and there are good reasons for these restrictions. The oveniding principle is that our judicial system is based upon a judge being fair, unbiased and independent. The public may perceive, however incorrectly, a lack of independence on the pai1 of a judge who campaigns for a political candidate. Therefore, to avoid the appearance of impropriety, the Commission believes that the soundest decision for you as a pali-time judge to make is not to display any campaign signs in front of your law office.
It is hoped that this opinion fully addresses the issues which you have raised. If there 1s any fu1iher question regarding this matter do not hesitate to contact the Commission.
Sincerely,
/?~ Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
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