Does the Judicial Conduct Code add restrictions on using leftover funds from an earlier campaign for a judicial run?
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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.
Plain-English summary
A prospective circuit judge had funds left from a successful 2016 campaign for another office. The Secretary of State’s office had said those funds could be used in a later judicial election under West Virginia law.
The Commission found no additional limit in the Code of Judicial Conduct for that use. It told the candidate to follow the Secretary of State’s advice.
In practice
The opinion addresses only whether the Judicial Conduct Code adds a restriction to the campaign-fund use already cleared by the Secretary of State’s office.
Common questions
Q: Did the Commission find a separate Code limit?
A: No. It found no additional Judicial Conduct Code limit for the proposed use.
Q: Whose election-law advice did the Commission direct the candidate to follow?
A: The Secretary of State’s office, which the candidate had already consulted.
Background and rules framework
The Commission addressed the Code of Judicial Conduct and found no additional restriction on the specified use of prior campaign funds. It identified the Secretary of State’s office as the source of advice on West Virginia election law.
Citations and references
West Virginia Code of Judicial Conduct:
- The opinion identifies no numbered Code provision.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2018-10, 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 Virgin ia 25304
(304) 558-0169 • FAX (304) 558-0831
April 25, 2018
Re: JJC Advisory Opinion 2018-10.
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 contemplating running for circuit judge due to a recent vacancy. You have some campaign funds left over from your successful 2016 rnn for.------···-·· You want to know if you can use the funds from your 2016 campaign for your judicial campaign. You indicated that you have already contacted the West Virginia Secretary of State's Office (" WV SOS") and asked the same question, and the agency infonned you that it would be permissible under West Virginia law to use these funds in a subsequent election for judge. You want to know if there are any additional restrictions for such use set fo11h in the Code of Judicial Conduct.
The appropriateness of the use of former campaign monies for a judicial election has already been addressed by the WVSOS and there are no other limits contained in the Code of Judicial Conduct for such use. Therefore, the Commission is of the opinion that you should follow the advice provided by the WVSOS.
Thank you for your inqui.Jy. Please do not hesitate to contact the Commission if you have any further questions, comments or concerns.
Sincerely,
~~/A-__
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/ta1
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