May a West Virginia judicial candidate state a political party affiliation in a nonpartisan campaign?
Apply this to your situation
This page answers the general question as of 2023. 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 prospective circuit-judge candidate asked whether campaign literature could identify a political party affiliation. The Commission noted that West Virginia Code § 3-5-6 establishes nonpartisan judicial elections and quoted West Virginia Code of Judicial Conduct Rule 4.2(B)(5) and comment [3], which permit communication of party affiliation unless law prohibits it.
The Commission permitted the candidate to identify party affiliation in campaign materials, conditioned on a statement that the candidate is running for a nonpartisan judgeship. It supplied the formulation “(insert political party affiliation) running for the nonpartisan position of judge.”
In practice
The opinion allows the two descriptions together: the candidate's party affiliation and the nonpartisan character of the judicial office being sought.
Common questions
Q: Does a nonpartisan judicial election prohibit mention of a party affiliation?
A: No. The Commission permits affiliation in campaign materials with an accompanying statement that the judgeship is nonpartisan.
Q: What phrasing did the Commission specify?
A: It specified a party name followed by “running for the nonpartisan position of judge.”
Background and rules framework
The opinion quotes Rule 4.2(B)(5) and comment [3] of the West Virginia Code of Judicial Conduct. It identifies W. Va. Code § 3-5-6(a)-(e) as establishing nonpartisan races for specified judicial offices.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 4.2(B)(5) and comment [3], party affiliation in judicial campaign communications.
Statute cited:
- W. Va. Code § 3-5-6(a)-(e), nonpartisan judicial elections.
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2023-20, redacted
Original opinion text
Reproduced from the official redacted PDF for research purposes. 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
September 7, 2023
Re: JIC Advisory Opinion 2023-20
Dear
:
Your request for an advisory opinion to Counsel was recently reviewed by the Judicial Investigation Commission. You are contemplating a run for circuit court judge. You want to know if you can put your political party affiliation on campaign literature.
W. Va. Code §§ 3-5-6(a) through (d), which were adopted in June 2015, require all Supreme Court justices, circuit judges, family court judges and magistrates to be elected by division in nonpartisan races in the primary. In 2021, the statute was amended to include the same for Intermediate Court of Appeal Judges in W. Va. Code § 3-5-6(e).
In November 2015, the State Supreme Court adopted a revised Code of Judicial Conduct which went into effect on December 1, 2015. Rule 4.2(B)(5) of the Code states that “a judge or candidate subject to public election may, except as prohibited by law communicate in person or in advertising membership in, affiliation with, or endorsement by a political party.” Comment [3] to the Rule provides:
A judge or candidate may be a member of a political party, and that affiliation is and has been a matter of public record in West Virginia. A judge or candidate may be endorsed by or otherwise publicly identified or associated with a political party by a person or entity not affiliated with the judicial campaign. Therefore, a judge or candidate may maintain his or her party affiliation through a judicial election, and he or she may include political party affiliation or similar designation in campaign communications and literature.
JIC Advisory Opinion 2023-20
September 7, 2023
Page 2 of 2
Based upon the language of the Rule and Comment, it is the position of the Commission that you may use your political party affiliation in campaign materials as long as you state “(insert political party affiliation) running for the nonpartisan position of judge.”
The Commission hopes that this opinion fully addresses the issues which you have raised. Please do not hesitate to contact the Commission should you have any questions, comments or concerns.
Sincerely,
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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