May a police chief running for magistrate use uniform photos or campaign while on police duty?
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This page answers the general question as of 2020. 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 police chief running for magistrate asked about campaign photos or videos in uniform, campaigning while on duty, and describing police service in advertisements.
The Commission applied Rule 4.2(A)(1). It said uniform images and on-duty campaigning could suggest the candidate would favor law enforcement in court, so both should be avoided. It permitted listing law enforcement experience as a qualification.
In practice
The opinion distinguishes uniform imagery and on-duty campaign conduct from a truthful statement of law enforcement experience.
Common questions
Q: May uniform photos appear in campaign advertising?
A: The Commission said they should not, because viewers could infer favoritism toward law enforcement.
Q: May the candidate campaign while on police duty?
A: No. The opinion rejected on-duty campaigning for the same reason.
Q: May the candidate mention police experience?
A: Yes. The Commission permitted that as a qualification.
Background and rules framework
Rule 4.2(A)(1) requires a judicial candidate in a public election to act consistently with judicial independence, integrity and impartiality. The Commission applied that standard to campaign imagery and conduct.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 4.2(A)(1), judicial candidate independence and impartiality.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-04, 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
Januaty 29, 2020
Re: JIC Advisory Opinion 2020-04.
Dear Mr.
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 cu1Tently serve as the Chief of Police of , West Virginia. You are also running in the May 2020 election for Magistrate of County. You want to know whether you can place pictures and videos of you in your law enforcement uniform on campaign social media sites or use them in campaign advertising. You also want to know if you can campaign while on duty in unifonn. Lastly, you would like to know if you can mention directly or in campaign advertising that you serve as a Police Chief.
As a candidate for Magistrate you are bound by Canon 4 of the Code of Judicial Conduct. Rule 4.2(A)( 1) which states that"[ a] judge or candidate subject to public election shall act at all times in a manner consistent with the independence, integtity and impartiality of the judiciary."
Based upon the foregoing, the Commission finds that you should not use photogt·aphs or videos of you in uniform on your campaign social media sites or in advertisements since members of the public could misconstrue, however wrong they may be, that you are not neutral and detached but that you would favor law enforcement in cases before you if elected to the bench. Likewise the Commission is also of the opinion that you should not campaign while on duty as the Chief of Police for the same reason. However, the Commission believes that you can list any law enforcement experience either directly or in campaign advertising since it goes toward your qualifications for the position.
JIC Advisory Opinion 2020-04
January 29, 2020
Page 2 of2
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.
ary~~
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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