May candidates for other offices join a West Virginia judicial candidate's committee or sponsor a fundraiser?

Plain-English summary

A circuit-judge candidate asked whether people also running for the Legislature, prosecutor or other offices in the 2024 election could join the judicial campaign committee or be listed as fundraising sponsors.

The Commission reviewed West Virginia Code of Judicial Conduct Rule 4.1(A)(3), which bars a judicial candidate from publicly endorsing or opposing another candidate, and Rule 4.4 on campaign committees. It also cited JIC Opinions 2018-02 and 2023-16, which addressed other candidates' campaign roles.

The Commission concluded that candidates concurrently running for any office in that election could neither serve on the judicial campaign committee nor sponsor a fundraiser for the judicial candidate. It reasoned that the public might understand those roles as a judicial candidate's endorsement of the other candidates.

In practice

The opinion covers both committee membership and event sponsorship by another active candidate. Its rationale is the public appearance of endorsement under Rule 4.1(A)(3).

Common questions

Q: May a legislative candidate join the judicial campaign committee?

A: No. The Commission said a candidate running concurrently for any office cannot serve on the committee.

Q: May such a candidate sponsor a judicial fundraiser?

A: No. The same opinion bars fundraiser sponsorship on the judicial candidate's behalf.

Background and rules framework

Rule 4.1(A)(3) restricts a judicial candidate's public endorsements of other candidates. Rule 4.4 permits a judicial campaign committee but makes the candidate responsible for its compliance with the Code and applicable law.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 4.1(A)(3), endorsements of other candidates.
• Rule 4.4, judicial campaign committees.

Other opinions cited:

• JIC Advisory Opinion 2018-02, legislative candidate as judicial campaign treasurer.
• JIC Advisory Opinion 2023-16, legislative candidate on committee or as fundraiser host.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2023-25, redacted

Original opinion text

Reproduced from the official redacted PDF for research purposes. The linked PDF is authoritative.

JUDICIAL INVESTIGATION COMMISSION
WV Judicial Tower - Suite 700 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169

October 20, 2023

Re: JIC Advisory Opinion 2023-25

Dear
:

Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission at its October 13, 2023 meeting. You have announced your candidacy for a circuit judgeship in the 2024 election. You want to know if individuals who are running for seats on the West Virginia Legislature or other positions such as prosecutor in the 2024 election can serve on your campaign committee and/or be listed as sponsors for a fundraising event.

To address your question, the Commission has reviewed Rule 4.1(A)(3) which states in pertinent part that “[e]xcept 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; .
. .” The Commission also considered Rule 4.4 which states:

A judicial candidate subject to public election may establish a campaign committee to manage and conduct a campaign for the candidate, subject to the provisions of this Code. The candidate is responsible for ensuring that his or her campaign committee complies with applicable provision of this Code and other applicable law.

In JIC Advisory Opinion 2018-02, the Commission advised a judicial candidate that he/she could not have a candidate for election to the House of Delegates serve as his/her campaign treasurer because the public may conceivably believe that the judge is endorsing a particular candidate for House of Delegates or that he/she is endorsing the particular member’s philosophy concerning given statutes or proposed law. In JIC Advisory Opinion 2023-16, the Commission told a judicial candidate that it would be inappropriate for a legislative candidate to serve on the judge’s campaign committee or host a fundraiser for the judicial candidate.

JIC Advisory Opinion 2023-25
October 20, 2023
Page 2 of 2

Based upon the foregoing, the Commission is of the opinion that individuals concurrently running for any office in the 2024 election cannot serve on your campaign committee or sponsor a fundraiser on your behalf as the public might misconstrue that you are endorsing those candidates in their run for office.

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

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