May a judge make brief peace-themed remarks at a memorial organized by a political party committee?
Apply this to your situation
This page answers the general question as of 2025. 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 judge asked whether speaking at a memorial organized by a county Republican Executive Committee would violate the Code. The proposed remarks were limited to scripture about peace and a statement against political violence. The opinion described a charged suspect in the death being memorialized.
The Commission reviewed Rules 2.10(A) and (B), concerning statements that may affect pending cases or commit a judge on likely issues, and Rule 4.1(A)(2), concerning speeches on behalf of political organizations. It permitted the judge to speak only if the remarks remained focused on peace and the rejection of violence, without discussing the alleged shooter or crime, the deceased’s political or ideological beliefs, or speaking on behalf of any political organization.
In practice
The permission in this opinion depends on the stated limits on the judge’s remarks. It does not authorize discussion of the pending criminal charge or advocacy for the event organizer.
Common questions
Q: May the judge speak at the described memorial?
A: Yes, if the remarks stay within the peace-themed limits the Commission specified.
Q: May the judge discuss the alleged crime or the deceased’s politics?
A: No. The opinion specifically excludes those subjects and comments on behalf of a political organization.
Background and rules framework
The opinion quotes West Virginia Code of Judicial Conduct Rule 2.10(A) and (B) on pending or impending cases and commitments on likely issues, and Rule 4.1(A)(2) on speeches for political organizations.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 2.10(A) and (B), judicial statements on pending matters and likely issues.
- Rule 4.1(A)(2), speeches on behalf of political organizations.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2025-13, 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
September 16, 2025
Re: JIC Advisory Opinion 2025-13
Dear
:
Your request for an advisory opinion to Counsel was recently reviewed by the Judicial Investigation Commission. Charlie Kirk was a political activist, author and media personality and was recognized as one of the most prominent voices of the MAGA movement. He was shot to death earlier this month while speaking at an event on a university campus. The alleged shooter is now in custody and has been charged with aggravated murder.
Memorial services have been held for the late Mr. Kirk all across the country and one has been scheduled by the ____ County Republican Executive Committee. You, along with many others, have been asked to speak at the event. You want to know if to do so would violate the Code of Judicial Conduct. You intend to limit your remarks to reading a verse or two of scripture about peace and saying a few lines about the importance of not resorting to any form of political violence. You will refrain from any comments concerning the suspect, the alleged assassination or Mr. Kirk’s ideology or politics. You also will not advocate for or against any political party.
To address your questions, the Commission has reviewed Rule 2.10 (A) and (B) and 4.1(A)(2) of the Code of Judicial Conduct which state:
Rule 2.10 – Judicial Statements on Pending and Impending Cases
(A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter
JIC Advisory Opinion 2025-13
September 16, 2025
Page 2 of 2
pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.
(B) A judge shall not, in connection with cases, controversies or issues that are likely to come before the court, make pledges, promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.
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:
...
(2) make speeches on behalf of a political organization; . . .
Based upon the foregoing, the Commission is of the opinion that you may speak at the memorial as long as you limit your remarks to a verse or two from scripture about peace and that violence against anyone is never the answer. As you note, you must not discuss the alleged shooter or crime or Mr. Kirk’s political or ideological beliefs. You also must not make any comments on behalf of any political organization.
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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