May a magistrate candidate canvass with a circuit clerk candidate or ride together to canvassing locations?

Plain-English summary

A magistrate candidate asked whether they could campaign door to door with a circuit clerk candidate without expressly endorsing that candidate, or at least ride with that candidate to neighborhoods where each would campaign.

Applying Rule 4.1(A)(3), the Commission said an endorsement can be conveyed by conduct. Joint door-to-door campaigning or arriving in the same car at campaign locations would give voters the impression of public support. It rejected both proposals.

In practice

The opinion rejects both campaigning door to door together and riding together to campaign locations.

Common questions

Q: Does avoiding an express endorsement permit joint canvassing?

A: No. The Commission said joint canvassing itself conveys public support.

Q: Could the candidates share a car but canvass separately?

A: No. The opinion also rejects arriving together by car at the campaign locations.

Background and rules framework

Rule 4.1(A)(3) prohibits a judicial candidate from publicly endorsing or opposing another candidate for public office. The Commission applied the rule to conduct that signals an endorsement.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 4.1(A)(3) and Comments 3–4, public endorsement and judicial independence.

See also

• WV JIC Advisory Opinion 2016-07
• WV JIC Advisory Opinion 2016-17

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2016-06, 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, Wast Virginia 25304
(304) 558-0169 • FAX (304} 658-0831

February 29, 2016

Re: JIC Advisory Opinion 2016-06.

Dear

Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission at its February 26, 2016 meeting. The factual scenario giving rise to your request is as follows: You are a candidate for Magistrate in the May 2016 Election. Vou want to know if you may campaign door to door with a Candidate for Circuit Clerk as long as you don't endorse him/her. Alternatively, you want to know if you can ride in the same vehicle together to the neighborhoods in which you plan to campaign even if you are unable to campaign together.

To address the questions which you have raised, the Commission has reviewed Rules 4.l(A)l3) of the Code of Judicial Conduct which states that ''a judge or judicial candidate shall not publicly endorse or oppose a candidate· for any public office.;, Comment 3 to the Rule provides in pertinent part that "[p]ublic confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence." Meanwhile, Comment 4 states the purpose of the Rule, which is to prevent fudges and judicial candidates "from abusing the prestige of judicial office to advance the interests of others."

A public endorsement of a candidate can occur by word or deed. A public pronouncement isn't necessary for voters to believe that a judge supports another candidate for office. Simply campaigning door to door together or arriving in the same automobile to campaign sites is sufficient to give voters the idea that you publicly support the other candidate.

JIC Advisory Opinion 2016-06
February 29, 2016
Page2 of2

Based upon the foregoing, the Commission is of the opinion that you cannot campaign door to door with another candidate for office. You also cannot ride in the same car as the other candidate to the locations in which you may campaign door to door.

The Commission hopes that this opinion fully addresses the issues which you have raised. Please do not hesitate to contact the Commission should you have any questions, comments or concerns.

~a-•-- Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/tat