May a judicial candidate campaign alongside the wife of a county commission candidate?
Apply this to your situation
This page answers the general question as of 2016. 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 family court candidate asked whether the candidate could campaign alongside the wife of a county commission candidate, with the wife avoiding any campaigning for her husband during those joint appearances.
The Commission applied Rule 4.1(A)(3) and an earlier opinion on campaigning with another candidate. It found the joint appearances impermissible because voters could see them as endorsement of the wife’s husband.
In practice
The opinion rejects the specified joint campaigning despite the spouse’s promise not to advocate for her husband during it.
Common questions
Q: May the county commissioner candidate’s spouse campaign alongside the judicial candidate at events?
A: No. The Commission found a risk of perceived endorsement.
Q: Does it matter that the spouse would not promote her husband?
A: The opinion still rejects the joint appearances on those facts.
Background and rules framework
Rule 4.1(A)(3) bars judicial candidates from publicly endorsing another candidate. The opinion cites Comments 1 and 4 on independence and the prestige of judicial office.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 4.1(A)(3) and Comments 1 and 4, endorsements and political independence.
Other opinions cited:
- JIC Advisory Opinion 2016-06, campaigning with a circuit clerk candidate.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2016-12, 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 18, 2016
Re: JIC Advisory Opinion 2016·12.
Dear
Your request for an advisory opinion to Counsel was recently reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: You are running for Family Court Judge in the May 2016 Election. You want to know if you can campaign with the wife of a candidate for county commissioner. She would not stump for her husband while you two are together on the campaign trail.
To address your question, the Commission has reviewed Rule 4.l(A)(3) of the Code of Judicial Conduct which states that "a judge or a judicial candidate shall not publicly endorse or oppose a candidate for any public office[.J" Comment [1] to the Rule states:
Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. Therefore, in furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free and appear to be free from political influence and political pressure."
Comment [4] states that the prohibition against publicly endorsing or opposing other candidates for office is designed to prevent judges or judicial candidates from abusing the prestige of judicial office to advance the interests of others.
In JIC Advisory Opinion 2016·06, the Commission stated that a Magistrate would violate Rule 4.l(A)l3) if he campaigned door to door with a candidate for circuit clerk. The Commission also held that it would be improper for the two candidates to ride in the same vehicle together
JIC Advisory Opinion 2016-12
April 18, 2016
Page 2 of 2
to the neighborhoods in which they planned to campaign door to door even if they did so independently of one another.
Based upon the foregoing, the Commission is of the opinion that you cannot campaign with the wife of the county commission candidate because the public may construe that you are endorsing her husband simply by virtue of the two of you appearing together at campaign events. 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
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