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 provisions of this Code and other applicable law.*
W. Va. Jud. Cond. 4.4
COMMENT
[1] Judicial candidates are prohibited from personally soliciting campaign contributions or personally accepting campaign contributions. See Rule 4.1(A)(5). This Rule recognizes that in many jurisdictions, judicial candidates must raise campaign funds to support their candidacies, and permits candidates, other than candidates for appointive judicial office, to establish campaign committees to solicit and accept reasonable financial contributions or in-kind contributions.
[2] Campaign committees may solicit and accept campaign contributions, manage the expenditure of campaign funds, and generally conduct campaigns. Candidates are responsible for compliance with the requirements of election law and other applicable law, and for the activities of their campaign committees.
[3] At the start of a campaign, the candidate must instruct the campaign committee to solicit or accept only such contributions as are reasonable in amount, appropriate under the circumstances, and in conformity with applicable law.
Clerk's Notes on Rule 4.4
Rule 4.4 is based entirely on Paragraph (A) of the 2007 Model Code. Paragraphs (B)(1) through (3) of the Model Code are not included, because they echo provisions that were previously not adopted and are covered by campaign conduct and reporting requirements that are already part of West Virginia law. The Comment is based upon the Model Rule, with the exception of Comment [3]. Language from the Model Rule relating to contributions from lawyers is too simplistic, because the relatively modest contribution limits on West Virginia apply to everyone, including lawyers.