May a judge sign a letter urging a senator to vote against presidential impeachment?
Apply this to your situation
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 judge was asked to sign a letter from county elected officials urging a U.S. senator to vote against presidential impeachment.
The Commission applied Rules 1.3, 2.10(A) and 4.1(A)(3). It said signing could appear to use judicial office to influence the senator as an impeachment juror or support the president in the upcoming election. It also treated the impeachment proceeding as akin to a court matter and rejected a public statement that could interfere with its outcome.
In practice
The opinion bars the judge from signing the proposed letter to the senator on the described impeachment vote.
Common questions
Q: May the judge sign the letter?
A: No. The Commission expressly rejected the proposed signature.
Q: Why did the Commission cite Rule 2.10?
A: It treated the impeachment proceeding as akin to a court proceeding and viewed the public letter as potentially interfering with its outcome.
Background and rules framework
Rule 1.3 bars abuse of judicial prestige, Rule 2.10(A) restricts statements affecting pending proceedings, and Rule 4.1(A)(3) bars public candidate endorsements. The Commission applied all three to the proposed letter.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 1.3, abuse of judicial prestige.
- Rule 2.10(A), public statements concerning proceedings.
- Rule 4.1(A)(3), public candidate endorsements.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-05, 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
4 700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 • FAX (304) 558-0831
February 4, 2020
Re: JIC Advisory Opinion 2020-05.
Dear Judge
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. The factual scenatio giving rise to your request is as follows:
You have been asked to sign a letter in opposition to the impeachment of President . The letter, which is addressed to U.S. Senator states in pertinent part:
Recently, the United States Senate began the process of considering the impeachment of the President of the United States, . With receipt of this letter, you are hereby advised that the elected officials of _ _ _ County, West Virginia, as evidenced by their signatures affixed hereto, do not and are not in favor of the impeachment of our President. Further, it is with a great sense of urgency, we implore you to vote against this impeachment and support our President, during this turbulent time."
You want to know if it would violate the Code of Judicial Conduct for you to affix your name to the letter.
To address your question, the Co1mnission has reviewed Rules 1.3, 2.10 and 4.1 (A)(3) of the Code of Judicial Conduct which state:
Ruic 1.3 - Avoiding Abuse of the Prestige of Judicial Office
nc Advisory Opinion 2020-05
February 4 , 2020
Page 2 of2
A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so.
Rule 2.10 - Judicial Statements on Pending and Impending Cases
(A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.
Rule 4.1 -- Political and Campaign Activities of Judges ... in General
(A) Except as pe1mitted by law, or by Rul es 4.2, 4.3, and 4.4., a judge or a judicial candidate shall not: ....
(3) publicly endorse or oppose a candidate for any public office;
Based upon the foregoing, the Commission finds that you must not sign the letter.
Senator
is a juror in the impeachment proceeding. Members of the public may
misconstrue, however wrong they may be, that by signing the letter you are using your judicial position in an attempt to influence Senator to vote in favor of President and/or that you are supporting him in the 2020 election. Since the impeachment proceeding is akin to a court proceeding it would also be improper for you to make any public statement about the matter which could, as in this case, substantially interfere with the outcome.
It is hoped that this opinion fully addresses the issues which you have raised. If there 1s any fu1ther question regarding this matter do not hesitate to contact the Commission.
Sincerely, ~
~ ~ ~ ; ( :erson
Judicial Investigation Commission
ADM/tat
What do the rules say today, for your facts?
This opinion is from 2020. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace