May a magistrate candidate use a photo of an earlier swearing-in ceremony in campaign ads?
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 former magistrate running in another county wanted to use a photograph of the earlier swearing-in in campaign advertising. The candidate worried that the photo might imply endorsement by the circuit judge who administered the oath.
The Commission found little risk of apparent endorsement because the judge in the photo was performing the ordinary duty of swearing in an elected official. It required a written caption explaining that the ceremony concerned the candidate’s earlier service in the former county and that the candidate did not hold office in the new county.
In practice
The opinion allows the photograph only with a caption that accurately distinguishes the old office from the county where the candidate is running.
Common questions
Q: Does the swearing-in photo itself imply endorsement by the circuit judge?
A: The Commission found little chance of that interpretation on the described facts.
Q: What must the caption explain?
A: That the oath concerned prior magistrate service in another county and that the candidate does not presently hold office in the new county.
Background and rules framework
Rule 4.1(A)(3) restricts public endorsement of candidates, and Rule 4.1(A)(9) bars knowingly or recklessly false or misleading campaign statements. The Commission applied both to the photograph and caption.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 4.1(A)(3), (9), endorsements and misleading statements.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-14, 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
May 28, 2020
Re: JIC Advisory Opinion 2020-14.
Dear Magistrate
Your recent request for an advisory opm1on was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to the request is as follows:
You were a longtime Magistrate in
County. You resigned your position
during your last tenn and moved to
County. You are now running in the June
2020 election for Magistrate of County. You want to know if you can use photos of your swearing in as a County Magistrate in your campaign ads for Magistrate of County. You are concerned that people might misconstrue the photo to believe that the Circuit Judge swearing you in is actually endorsing your candidacy for Magistrate of County.
To address your question, the Commission has reviewed Rules 4.1 (A)(3) and (9) which provide in pertinent pait:
Except as pem1itted by law, or by Rules 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; ....
(9) knowingly or with reckless disregard for the truth, make any false or misleading statement; ....
Advisory Opinion 2020-14
May 28, 2020
Page 2 of2
Based upon the foregoing, the Co1mnission is of the opinion that a sitting judicial
officer may use a photo of him/her taking the oath of office because there is little chance that it could be misconstrued as an endorsement since the photo would depict the Circuit Judge performing his/her lawful duty of swearing in an elected official. In your case, the Commission is concerned though that the citizens of County might believe that you are already a Magistrate in that county so you must make it clear in a written caption underneath the photo that the swearing in involves your service as Magistrate in County and that you do not now hold office in County.
It is hoped that this opin ion fully addresses the issue raised by you. lf there is any further question regarding this matter do not hesitate to contact the Co1mnission.
Sincerely,
t/~i)-,?!~
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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