May a judicial candidate feature identified, out-of-uniform law enforcement officers endorsing the candidate in campaign ads?

Plain-English summary

A circuit-judge candidate asked about campaign photographs or advertisements showing law enforcement officers identified by name and title, out of uniform, endorsing the candidate as tough but fair on crime. The campaign committee would pay for the ad directly.

The Commission reviewed West Virginia Code of Judicial Conduct Rule 4.2(B)(4), which permits a publicly elected judicial candidate, except as prohibited by law, to seek, accept or use endorsements from any person or organization. It contrasted Rule 4.1(A)(3), which prohibits a judicial candidate from endorsing another candidate. The Commission permitted the described campaign activity.

In practice

The permission addresses the specific proposed ads with identified, out-of-uniform police endorsers and payment by the candidate's campaign committee.

Common questions

Q: May the officers be named and identified as law enforcement in the ad?

A: The candidate proposed that precise presentation, and the Commission said the described activity was permitted.

Q: Does the opinion permit a judicial candidate to endorse another candidate?

A: No. The Commission distinguished that issue, noting Rule 4.1(A)(3)'s prohibition on a judicial candidate endorsing anyone for political office.

Background and rules framework

The opinion quotes West Virginia Code of Judicial Conduct Rule 4.2(B)(4) on judicial candidates' use of endorsements and cites Rule 4.1(A)(3) and Comment [1] to Rule 4.2.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 4.2(B)(4) and Comment [1], endorsements received by a judicial candidate.
• Rule 4.1(A)(3), endorsements made by a judicial candidate.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2024-12

Original opinion text

Reproduced from the official 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

April 16, 2024

Re: JIC Advisory Opinion 2024-12

Dear :

The Commission has considered your recent request for an advisory opinion.
You are running for circuit judge in the May 2024 election. You want to know whether you can appear in photographs or campaign ads with law enforcement officers, that identify them as law enforcement, but who are not in uniform. For example, you would like to have a couple of officers who say that they support you, that you will be tough but fair on crime, and give their name and title. This ad would be paid for by your campaign committee directly.

To address your question, the Commission has reviewed Rule 4.2(B)(4) of the Code of Judicial Conduct which states:

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

(B) A judge or candidate subject to public election may, except as prohibited by law:

(4) seek, accept, or use endorsements from any person or organization:

Comment [1] to the Rule states that “Paragraph (B) permits judicial candidates in public elections to engage in some political and campaign activities otherwise prohibited by Rule 4.1.” Thus, while Rule 4.1(A)(3) prohibits a judicial candidate from endorsing

JIC Advisory Opinion 2024-12
April 16, 2024
Page 2 of 2

anyone for any political office, Rule 4.2(B)(4) allows them to use endorsements from anyone or any entity.

Based upon the foregoing, the Commission is of the opinion that you may engage in such activity as described. Thank you for your inquiry. Please do not hesitate to contact the Commission should you have any further questions, comments or concerns.

Sincerely,

Alan D. Moats, Chairperson
Judicial Investigation Commission

ADM/tat