May friends pay for a self-funded judicial candidate’s meet-and-greet when the candidate has no campaign committee?

Plain-English summary

A judicial candidate financing the campaign personally, without a committee or treasurer, asked whether friends could pay for a campaign meet-and-greet with no donations requested there.

The Commission found that the friends’ payment would still be a reportable campaign contribution and expenditure. Under Rules 4.1(A)(6) and 4.4, the candidate could not accept it without a campaign committee.

In practice

The opinion bars the proposed friends-funded event while the candidate has no campaign committee.

Common questions

Q: Does the absence of donation requests at the event change the answer?

A: No. The Commission treated the friends’ event expenses as a contribution and expenditure.

Q: What structure did the opinion require before accepting the event?

A: A campaign committee authorized by Rule 4.4.

Background and rules framework

Rule 4.1(A)(6) prohibits a judicial candidate from personally accepting campaign contributions except through an authorized committee. Rule 4.4 establishes the campaign committee and candidate responsibility for it.

Citations and references

West Virginia Code of Judicial Conduct:

• Rules 4.1(A)(6) and 4.4, contribution acceptance through campaign committee.

See also

• WV JIC Advisory Opinion 2016-11
• WV JIC Advisory Opinion 2016-18

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2016-08, 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

February 29, 2016

Re: JIC Advisory Opinion 2016-08.

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 Circuit Court Judge in the May 2016 Election. You have decided to 100% finance your own campaign and "not accept donations from any source. 11 You do not have a campaign committee or treasurer. You want to know if a group of friends and associates can hold a campaign meet and greet event for you. The group would pay for room rental1 food and any other costs associated with the event. No donations will be requested or received by you or on your behalf.

To address the question which you have raised, the Commission has reviewed 4.1(A)(6) and 4.4 of the Code of Judicial Conduct. Rule 4.1(A)(6) states that "a judge or a judicial candidate shall not personally solicit or accept campaign contributions other than through a campaign committee authorized by Rule 4.4" which states:

A judicial. candidate,subject to public election may establish a campaign · committee to manage and conduct a campaign for the candidate subject to the provisions of this Code. The candidate is responsible for ensuring that his or her campaign committee complies with applicable provisions of this Code and other applicable law.

JIC Advisory Opinion 2016·08
February 29, 2016
Page 2 of2

Based upon the foregoing, the Commission is of the opinion that you cannot allow the group to pay for a meet and greet event for you unless you have a campaign committee in place. The event would be reportable by you as a campaign contribution/expenditure; and therefore, it would be a violation of Rule 4.1(A)(6) for you to personally accept the same without a campaign committee.

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.

Sincerely,

Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/tat