May a magistrate or immediate court staff display a resident family member’s campaign sign in the household yard?
Apply this to your situation
This page answers the general question as of 2022. 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 asked whether the magistrate or an assistant could put a campaign sign in the yard for a family member running for office while the candidate lived in the same household.
The Commission reviewed Rules 2.12(A) and 4.1(A)(3), (B), including comments on family political activity and the absence of a family exception to the endorsement restriction. It concluded that neither the judge nor immediate staff could place the family candidate’s sign in the yard. The public could not tell whether the sign reflected the candidate’s, judge’s or employee’s support.
In practice
The opinion applies its sign restriction even when the candidate and judicial officer or staff member live in the same home.
Common questions
Q: Does living with the candidate permit the sign?
A: No. The Commission said the same-household fact does not change the answer.
Q: Does the restriction cover immediate court staff?
A: Yes. The opinion expressly includes a judge’s immediate staff member.
Background and rules framework
Rule 4.1(A)(3) prohibits public endorsements, and Rule 4.1(B) addresses prohibited campaign acts done on a judge’s behalf. Rule 2.12(A) extends Code-consistent conduct to court staff under a judge’s direction.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 2.12(A), court staff supervision.
- Rule 4.1(A)(3), (B) and Comments 4-5, candidate endorsements and family political activity.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2022-13, 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
April 8, 2022
Re: JIC Advisory Opinion 2022-13
Dear Magistrate
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. You want to know if a magistrate or his/her assistant may place a campaign sign in a yard for a family member who is running for office when both reside in the same household.
To address your question, the Commission has reviewed Rules 2.12(A), 4.1(A)(3) and 4.1(B) of the Code of Judicial Conduct which state:
Rule 2.12 Supervisory Duties
(A) A judge shall require court staff, court officials, and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under this Code.
Rule 4.1 Political and Campaign Activities ... 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: ....
(3) publicly endorse or oppose a candidate for any public office; ....
(B) A judge or judicial candidate shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate, any activities prohibited under paragraph (A).
JIC Advisory Opinion 2022-13
April 8, 2022
Page 2 of 2
Comments [4] and [5] to Rule 4.1 are instructive to the issue of whether judges or their immediate staff members can support family members in their quest for public office:
[ 4] Paragraphs (A)(2) and (A)(3) prohibit judges and judicial candidates from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from abusing the prestige of judicial office to advance the interests of others....
[5] Although members of families of judges and judicial candidates are free to engage in their own political activity, including running for public office, there is no "family exception" to the prohibition in paragraph (A)(3) against a judge or candidate publicly endorsing candidates for public office. A judge or judicial candidate must not become involved in, or publicly associated with a family member's political activity or campaign for public office. To avoid public misunderstanding, judges and judicial candidates should take, and should urge members of their families to take reasonable steps to avoid any implication that they endorse any family member's candidacy or other political activity.
( emphasis added).
Based upon the foregoing, the Commission is of the opinion that no judge or immediate staff member shall place a campaign sign of any family member running for office in his/her yard even if the candidate resides in the same home because the public will be unable to ascertain whether the support comes solely from the candidate, the judicial officer/employee or both. 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, comments or concerns or desire additional advice.
F. Layton Cottrill, Jr., Esquire, Vice- Chairman 1 Judicial Investigation Commission
FLC/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 JIC.
What do the rules say today, for your facts?
This opinion is from 2022. 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