May a circuit clerk who is not on the same ballot serve as a justice’s campaign treasurer?
Apply this to your situation
This page answers the general question as of 2019. 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 justice seeking election wanted a longtime friend who was a circuit clerk to be campaign treasurer. The clerk would not run in the same election.
The Commission considered Rules 1.2, 4.1(A)(3) and 4.4 and distinguished JIC Opinion 2018-02, where the proposed treasurer was running for the legislature at the same time as the judicial candidate. It permitted the circuit clerk’s role here because no simultaneous candidacy could suggest that the justice endorsed the clerk.
In practice
The opinion permits the treasurer arrangement on the express fact that the clerk was not a candidate in the justice’s election.
Common questions
Q: May the clerk be treasurer?
A: Yes. The Commission permitted the role on these facts.
Q: Why did the earlier treasurer opinion differ?
A: The earlier proposed treasurer was also running for another office in the same election.
Background and rules framework
Rule 1.2 addresses public confidence, Rule 4.1(A)(3) bars public candidate endorsements, and Rule 4.4 permits campaign committees subject to the Code. The Commission applied them in light of JIC Opinion 2018-02.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 1.2, public confidence.
- Rule 4.1(A)(3), candidate endorsements.
- Rule 4.4, campaign committees.
Other opinions cited:
- JIC Advisory Opinion 2018-02, a treasurer running in the same election.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2019-02, 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
January 11, 2019
Re: JIC Advisory Opinion 2019-02.
Dear
Your recent request for an advisory op1mon was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows:
You were recently appointed to a seat on the Supreme Court of Appeals of West Virginia by Governor Justice. You officially took office on January 4, 2018. You will be running for the seat in the May 2020 election. You would like the Circuit Clerk of County, who is your longtime close personal friend, to serve as your campaign treasurer. The Circuit Clerk will not be running for office in the 2020 election but wiH seek re- election in 2022.
To address the question, the Commission has reviewed Rules 1.2, 4.l(A)(3) and 4.4 of the Code of Judicial Conduct which provide:
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 impartiality of the judiciary; and shall avoid impropriety and the appearance of impropriety.
Rule 4.1 - Political and Campaign Activities of Judges and Judicial Candidates in General
(A) Except as permitted by law, or by Rules 4.2, 4.3 and 4.4, a judge or a judicial candidate shall not:
JIC Advisory Opinion 2019-02
January 14, 2019
Page 2 of2
(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.
In JIC Advisory Opinion 2018-02, we held that an individual who was running for the House of Delegates could not concurrently serve as campaign treasurer for a judicial candidate who was running for office at the same time. We noted in that opinion that:
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.
Based upon the foregoing, the Commission is of the opinion that the Circuit Clerk can serve as your campaign treasurer in your 2020 campaign for a seat on the State Supreme Court. Unlike the situation in JIC Advisory Opinion 2018-02, the Circuit Clerk is not running in the 2020 campaign. Therefore, there is no chance the public could misconstrue that you are endorsing him for Circuit Clerk since he will not be running for any office at that time.
It is hoped that this opinion fully addresses the issues which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
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