May a judicial campaign give unused donated raffle baskets to needy people after a canceled fundraiser?
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 magistrate candidate’s campaign had received donated baskets for a fundraiser raffle, then canceled the event during the COVID-19 pandemic. The candidate asked whether the baskets could be given away to needy people through social media.
Applying Rule 4.1(A)(7) and JIC Opinion 2012-12, the Commission permitted the campaign committee to make the giveaways after obtaining the donors’ permission. It said the candidate could not personally give away these baskets either as a candidate or as an individual because they had been donated to the campaign.
In practice
The permission belongs to the campaign committee and depends on donor consent; it does not extend to a personal giveaway by the candidate.
Common questions
Q: May the campaign committee distribute the baskets?
A: Yes, after obtaining permission from the donors.
Q: May the candidate distribute these campaign baskets personally?
A: No. The opinion says the candidate cannot do so as a candidate or individual.
Background and rules framework
Rule 4.1(A)(7) bars use of campaign contributions for private benefit. The Commission cited JIC Opinion 2012-12 on campaign committee donations to charitable or civic organizations.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 4.1(A)(7), private benefit from campaign contributions.
Other opinions cited:
- JIC Advisory Opinion 2012-12, campaign committee charitable donations.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-11, 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) 558-0·169 • FAX {304) 558-083"1
April 1, 2020
Re: .TIC Advisory Opinion 2020-11.
Dear Magistrate
Your recent request for an advisory opinion was reviewed by the Judicial Investigation C01mnission. The factual scenario giving rise to the request is as follows:
In February 2019, you were appointed as Magistrate by the Chief Circuit Judge. You are running to retain your seat in the May 2020 election. Your campaign committee was going to hold a fundraiser in the near future. About 20 groups donated baskets and your campaign committee was going to raffle them off at the fundraiser to raise money for your campaign. Your fundraiser has been canceled because of the COVID-19 pandemic. You want to know if either you or your campaign committee can give the baskets away on social media to needy individuals or families in light of the pandemic and the current economic climate. You plan to seek the authorization from the donors before taking such action.
To address your question; the Commission has reviewed Rule 4.1 (A)(?) of the Code of Judicial Conduct which states:
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: ...
(7) use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others; ..
JIC Advisory Opinion 2020-11
March 31, 2020
Page 2 of2
In JlC Advisory Opinion 2012-12, the Commission stated that a campaign committee may make donations to charitable or civic organizations. However, the advisory opinion does not allow a judicial candidate himsel£1herselfto make such donations as a candidate but he/she can do so only in his/her individual capacity.
Based upon the foregoing, the Commission is of the op1111on that it would be permissible for your campaign committee, but not you as either a candidate or an individual, to give the baskets away since they were originally donations made to your campaign. You must also, as you say, first obtain the permission of the donors before the giveaways can occur.
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.
Sincerely,
cl'hi- w ¥-----
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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