How long must a judge disclose that an appearing lawyer served on the judge’s campaign committee?

Plain-English summary

A judicial candidate asked how long to disclose that a lawyer appearing before the judge also served on the judge’s campaign committee. The Commission said JIC Opinion 1995-34 already required disclosure while committee lawyers appeared, but had left the duration unanswered.

The Commission directed disclosure when the lawyer joins the committee and for one year after the candidate takes office or one year after the campaign committee dissolves, whichever period ends later.

In practice

The opinion supplies a duration for disclosure of a lawyer’s campaign committee role. It points back to Opinion 1995-34 and Trial Court Rule 17 if a disqualification motion is filed.

Common questions

Q: When does the disclosure duty begin?

A: When the lawyer becomes a campaign committee member.

Q: When does it end?

A: One year after the candidate takes office or one year after committee dissolution, whichever is later.

Background and rules framework

The opinion extends JIC Opinion 1995-34, which required disclosure of appearing campaign committee lawyers and Trial Court Rule 17 procedures for disqualification motions. It does not cite a numbered Code provision.

Citations and references

Other rule cited:

• Trial Court Rule 17, procedure if a disqualification motion is filed.

Other opinion cited:

• JIC Advisory Opinion 1995-34, disclosure of appearing campaign committee lawyers.

See also

• WV JIC Advisory Opinion 2023-06
• WV JIC Advisory Opinion 2023-05

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2022-07, 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

February 11, 2022

Re: JIC Advisory Opinion 2022-07

Dear Judge

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. The facts giving rise to your request are as follows: You are running for judge in your circuit in the May 2022 election for judge. You want to know how long you must disclose that a lawyer who appears in front of you has also served as a member of your campaign committee.

In JIC Advisory Opinion 1995-34, the Commission stated that a judge running for office had a duty to disclose that attorneys appearing in his/her courtroom were serving on his/her campaign committee and to follow Trial Court Rule 17 if a Motion to Disqualify was filed. However, the opinion never addressed the length of time that a judge must disclose the relationship. The Commission is of the opinion that the judge must disclose the nature of the relationship when the lawyer becomes a member of the campaign committee and should continue to do so for one year after the judicial candidate takes office or for one year after the dissolution of the campaign committee, whichever is longer.

We hope that this opinion fully addresses the issue which you have raised.
Please do not hesitate to contact the Commission should you have any questions,

JIC Advisory Opinion 2022-07
February 11, 2022
Page 2 of 2

comments or concerns or desire additional advice.

Sincerely,

F. Layton Cottrill, Jr., Esquire, Vice- Chairman 1 Judicial Investigation Commission

PLC/tat

1
JIC Chairman Alan D. Moats, Judge of the 19th Judicial Circuit has been appointed as a temporary Justice of the Supreme Court of Appeals of West Virginia beginning February 7, 2022 following the February 6, 2022 resignation of former Justice Evan Jenkins. Judge Moats will serve as a Justice until such time as Governor Justice has filled the vacancy and the appointee takes the bench. Until that time, Judge Moats will serve as a non-voting ex officio member of the nc.