May a judge be listed as a reference on another person’s application for a judicial vacancy?

Plain-English summary

A judge was asked to serve as a reference for someone seeking appointment to a circuit judge vacancy, with no written letter but possible oral responses to inquiries.

The Commission reviewed former Canons 2B and 5A(1)(b). It concluded that listing a reference on a judicial application is not a public endorsement and permitted the judge’s name on the application.

In practice

The opinion permits the judge to be named as a reference on the described judicial appointment application.

Common questions

Q: May the applicant list the judge as a reference?

A: Yes. The Commission permitted the listing.

Q: Did the Commission treat it as a public endorsement?

A: No. It expressly rejected that characterization.

Background and rules framework

Former Canon 2B restricts use of judicial prestige for private interests, while its comment permits participation in judicial selection and responses to official inquiries. Canon 5A(1)(b) restricts public candidate endorsements. The opinion applies these provisions to the reference listing.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 2B and Commentary, judicial prestige and selection inquiries.
• Canon 5A(1)(b), public candidate endorsements.

See also

• WV JIC Advisory Opinion 2015-11
• WV JIC Advisory Opinion 2015-13

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2014-23, 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) 558-0i69 • FAX (304) 558-0831

December 15, 2014

Re: JIC Advisory Opinion 23-2014

Dear

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission at its December 12, 2014 meeting. The factual scenario giving rise to your request is as follows: You have been asked to serve as a reference for an applicant for appointment for a circuit judge vacancy. You want to lmow if your name can be listed on the application as a reference. You will not submit any written letters but would respond orally to any verbal inquiries.

The Commission has reviewed Canon 2B of the Code .of Judicial Conduct which provides in pertinent part that "[a] judge shall not lend the prestige of the judicial office to advance the private interests of the judge or others ...." The Commentary to the Canon notes that "judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration, and by responding to official inquiries concerning a person being considered for a judgeship." Meanwhile, Canon 5A(l)(b) states that "a judge or a candidate for election or appointment to judicial office shall not publicly endorse or publicly oppose another candidate for public office."

The Commission does not consider the listing of a reference on a judicial application for employment as a public endorsement of a candidate for office. Therefore, your name may appear as a reference on an application for a judicial vacancy.

We hope this opinion fully addresses the issue which you have raised. If there is any further question regarding this matter do not hesitate to contact the

JIC Adviso1y Opinion 2014-23
December 15, 2014
Page2

Commission.

Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/tat

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