May a West Virginia judge publicly display a partisan opposition bumper sticker on a private vehicle?

Plain-English summary

A judge asked whether a private vehicle could display a “Stop the GOP” bumper sticker. The Commission reviewed West Virginia Code of Judicial Conduct Rule 4.1(A)(3), which prohibits public opposition to a candidate for public office, and Rule 4.2(A)(1), which requires conduct consistent with judicial independence, integrity and impartiality.

The Commission concluded that public display was impermissible. It reasoned that the sticker would appear to oppose all Republican candidates running for office in West Virginia. It also said the public might understand the statement as casting Republicans in a negative light. Its answer was to leave the sticker at home.

In practice

The opinion addresses the public display of this specific sticker, even though the vehicle is private. The Commission rested its conclusion on the message's apparent opposition to candidates and its possible effect on perceptions of impartiality.

Common questions

Q: Did the private ownership of the car change the conclusion?

A: No. The judge asked about a private vehicle, and the Commission still said the sticker could not be displayed publicly.

Q: Which candidate-activity rule did the Commission apply?

A: It applied Rule 4.1(A)(3)'s bar on publicly endorsing or opposing a candidate for public office, along with Rule 4.2(A)(1)'s impartiality standard.

Background and rules framework

The opinion quotes Rules 4.1(A)(3) and 4.2(A)(1) of the West Virginia Code of Judicial Conduct. It does not discuss other forms of private political expression.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 4.1(A)(3), public candidate endorsements or opposition.
• Rule 4.2(A)(1), judicial independence, integrity and impartiality.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2023-28, 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

November 16, 2023

The Honorable

Re: JIC Advisory Opinion 2023-28

Dear
:

Your request for an advisory opinion to Counsel was recently reviewed by the Judicial Investigation Commission. You want to know if you can display a “Stop the GOP” bumper sticker on your private vehicle.

To address your questions the Commission has reviewed Rules 4.1 and 4.2 of the Code of Judicial Conduct which state in pertinent part:

Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates 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; . . . .

Rule 4.2 Political and Campaign Activities of Judicial Candidates in Public Elections

(A) A judge or candidate subject to public election shall:
(1) act at all times in a manner consistent with the independence, integrity and impartiality of the judiciary; . .
..

JIC Advisory Opinion 2023-28
November 16, 2023
Page 2 of 2

Based upon the foregoing, the Commission is of the opinion that you cannot publicly display the bumper sticker as it would create the appearance, however wrong it may be, that you are opposed to all Republican candidates running for office in West Virginia in violation of Rule 4.1(A)(3). In addition, the Commission believes that the public may misconstrue the statement in such a way as to cast Republicans in a negative light in violation Rule 4.2(A)(1). Therefore, the Commission believes that you should leave the bumper sticker at home.

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