May a candidate for the House of Delegates also serve as treasurer of a judicial candidate’s campaign?

Short answer West Virginia JIC Opinion 2018-02 rejects concurrent service because voters could perceive the judicial candidate as endorsing the treasurer’s legislative campaign or views.
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JUDICIAL-WV
Issued
January 26, 2018

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This page answers the general question as of 2018. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2018
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judicial candidate’s named treasurer later decided to run for the House of Delegates. The judicial candidate asked whether the treasurer could continue in both roles.

The Commission concluded that concurrent service was impermissible. It said voters might see the treasurer arrangement as endorsement of the legislative candidacy or the candidate’s positions on laws, contrary to the judicial campaign and impartiality rules it cited.

In practice

The opinion bars the specified candidate from serving as judicial campaign treasurer while seeking legislative office.

Common questions

Q: May the treasurer hold both roles?

A: No. The Commission rejected concurrent service.

Q: Why did the Commission reject it?

A: The public might perceive endorsement of the legislative candidate or that candidate’s views.

Background and rules framework

The opinion cites Rules 1.2, 2.11(A)(4), 2.12(A), 4.1(A)(3) and 4.4. It emphasizes Rule 4.1’s endorsement restriction and a candidate’s responsibility for campaign committee compliance under Rule 4.4.

Citations and references

West Virginia Code of Judicial Conduct:

  • Rules 1.2, 2.11(A)(4), 2.12(A), 4.1(A)(3) and 4.4, public confidence, recusal, supervision, endorsements and campaign committees.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
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JUDICIAL INVESTIGATION COMMISSION
City Center East - Suite 1200 A
4700 MacCorkle Ave., SE
Charleston, West Virglnia 25304
(304) 558-0169 • FAX (304) 558-0831

January 26, 2018

Re: JIC Advisory Opinion 2018-02.

Dear

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: You are running for Circuit Judge in the May 2018 election. You named your campaign treasurer in papers filed with the West Virginia Secretaiy of State's Office. Subsequently, your treasurer decided to run for the West yirginia House of Delegates. You want to know if your treasurer can serve you in that capacity and concun-ently run for House of Delegates. To address your question the Judicial Investigation Commission has reviewed Rules 1.2, 2.ll(A)(4), 2.12(A), 4. l(A)(3) and 4.4 of the Code of Judicial Conduct which provide in pertinent part:

Rule 1.2 - Confidence in the Judiciary

A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impai1iality of the judiciary; and shall avoid impropriety and the appearance of impropriety.

Rule 2.11 - Disqualification

(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:

( 4) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.

nc Advisory Opinion 2018-02
January 26, 2018
Page 2 of2

Rule 2.12 - Supervisory Duties

(A) A judge shall require court staff, court officials and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under this Code.

Rule 4.1 - Political and Campaign Activities of Judges and Judicial Candidates in General

(A) Except as pennitted by law, or by Rules 4.2, 4.3 and 4.4, a judge or a judicial candidate shall not:

(3) publicly endorse or publicly oppose a candidate for any public office.

Rule 4.4 -- Campaign Committees

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.

Judges have an obligation not to be or perceived to be involved in other peoples' elections. The public might conceivably believe that a judge is endorsing a particular candidate for House of Delegates because the individual is also serving as the judge's treasurer. The public may also think that the judge is endorsing the particular House of Delegate candidate's/treasurer's philosophy concerning given statutes or proposed laws. Since the above-cited Rules require a judge or judicial candidate to refrain from engaging in such conduct, the Commission is of the opinion that someone running for the House of Delegates cannot concurrently serve as a campaign treasurer for a judicial candidate.

If there is any further question regarding this matter do not hesitate to contact the Commission.

Sincerely,

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Judicial Investigation Commission

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