May a legislator running for judge publicize legislative work, awards and organization memberships?

Plain-English summary

A West Virginia delegate considering a judicial campaign asked whether campaign material could identify legislation sponsored, awards from legislative service, organization memberships and the offices held in the Legislature. The Commission answered yes to each category, reasoning that those facts tell voters about the candidate.

The Commission added a limit for memberships. It said judges must avoid organizations that call their neutrality into question or are likely to appear in court frequently enough to cause disqualification. If elected, the candidate must resign from such memberships before taking office. The opinion says it overrules prior JIC statements to the extent they conflict.

In practice

The opinion permits listing the described legislative and organizational background in campaign websites or literature. Its membership condition applies at the transition into judicial office.

Common questions

Q: May the candidate identify legislation sponsored as a delegate?

A: Yes. The Commission expressly permitted listing detailed legislative work in the judicial campaign.

Q: Does permission to list a membership mean it may continue after election?

A: No. The opinion says memberships that threaten neutrality or frequent disqualification must end before the candidate takes office as judge.

Background and rules framework

The opinion addresses campaign descriptions of a candidate's past service and memberships. It states a neutrality and disqualification concern but does not cite a numbered Code of Judicial Conduct provision.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2023-26, 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 2023-26

Dear
:

Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission at its October 13, 2023 meeting. You are currently a member of the West Virginia House of Delegates. You are contemplating a run for judge in the 2024 election. You want to know: (1) If you are allowed to publicly state that you sponsored particular pieces of legislation while a delegate; (2) Whether you are allowed to list awards received by you during your legislative tenure; (3) whether you can state your membership in organizations such as the NRA, WVCDL or Republican National Lawyers Association; and (4) Whether you can list all of the capacities in which you served while in the Legislature.

The answer to each of your questions is yes. Voters have a right to know who they are voting for in an election. Your prior employment, your clubs and organizations, your detailed work in the legislature are all indicative of who you are as a person and a candidate and are therefore appropriate to list on campaign websites or in literature. However, there is a caveat to your question 3. Judges must be mindful not to belong to any organizations that call into question their neutrality or those that are likely to frequently appear in court and cause your disqualification. Therefore, if elected, you must resign from those memberships prior to taking office as judge. To the extent that this opinion overrules any prior missive issued by the JIC the former opinions are overruled.

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

JIC Advisory Opinion 2023-26
October 20, 2023
Page 2 of 2

questions, comments or concerns.
Sincerely,

Alan D. Moats, Chairperson
Judicial Investigation Commission

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