Could a judge serve on a county solid waste authority, and could a family law master contribute to an individual campaign?

Plain-English summary

The Commission answered two of three questions. It said former Canon 5G barred a judge’s appointment to a county solid waste authority because that governmental body addressed policy outside the law and administration of justice.

It also advised that a family law master should not contribute to an individual politician’s campaign committee. The opinion did not state the third question, finding no need to address it after the second answer.

Currency note

This opinion was issued in 1990 under the earlier Judicial Code of Ethics, before West Virginia adopted its 1993 Code and its 2015 Code of Judicial Conduct, effective December 1, 2015. Subsequent rule changes or later opinions may have changed the analysis. Treat this page as historical context and verify the current Code before relying on the letter's conclusion.

Common questions

Q: Could the judge accept the authority appointment?

A: No. The Commission applied former Canon 5G.

Q: Could the family law master contribute to an individual campaign committee?

A: No. The Commission advised against it.

Background and rules framework

Former Canon 5G restricted judicial appointments to governmental bodies concerned with policy outside improvement of the law, legal system, or justice administration. The letter gave no numbered Canon for its campaign-contribution answer.

Citations and references

West Virginia Judicial Code of Ethics (former):

• Canon 5G, extra-judicial governmental appointments.

See also

• WV JIC Advisory Opinion 1992-15: County party contribution

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1990-04, redacted
• Code adoption date: West Virginia JIC 2015 Annual Report

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

JUDICIAL INVESTIGATION COMMISSION
Room E-400, State Capitol

Charleston 25305

September 5, 1990

Re: JIC Advisory Opinion 1990-04

Dear
Re: Judicial Ethics Advisory Opinion Request The Judicial Investigation Commission has received and reviewed your correspondence dated July 31, 1990, to Counsel. In that letter you asked the Commission to render an advisory opinion on three separate questions which are set forth therein.
In your first inquiry you asked if you may accept an appointment on the Solid Waste Authority of County. The Commission has reviewed that inquiry and determined that the provisions of Canon 5G of the Judicial Code of Ethics would preclude such appointment. This Canon states in pertinent part:
CANON 5

A Judge Should Regulate His Extra-judicial Activities to Minimize the Risk of Conflict with His Judicial Duties . .. .
G. Extra-judicial Appointments. A judge should not accept appointment to a govern~ental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administrat.ion of justice. A judge, however, may represent his country, state, or locality on ceremonial occasions or in connection with historical, education, and cultural activities ..

September 5, 1990

In your second question you asked if a family law master may contribute to an individual politician's campaign committee. After reviewing this inquiry the Commission feels that you should not make such contributions.
The response to your second question obviates the need to address the third inquiry which you make in your correspondence.
It is hoped that the Commission has fully addressed the questions which you have raised. If there is any further question concerning this matter, do not hesitate to contact the Commission.
Very tr
.
. J k Stevens, Chairman
CRG/bl