Could a judge accept a marriage gratuity or outside office donations, or buy court equipment with personal funds?

Plain-English summary

The Commission answered three questions under former Canon 5. It said a judge could not accept money as a gratuity from a couple the judge married, and could not accept nonprofit money or equipment for the judge’s office even if government funding was lacking.

It said the judge could use personal money or personally owned equipment to furnish the office. The first two answers cited former Canon 5C(1) and (4).

Currency note

This opinion was issued in 1991 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 a wedding gratuity?

A: No.

Q: Could the office accept nonprofit donations of equipment or money?

A: No.

Q: Could the judge supply office equipment personally?

A: Yes. The Commission found no prohibition on using the judge’s own resources.

Background and rules framework

The Commission applied former Canon 5C(1) and (4) to wedding gratuities and outside donations for court equipment.

Citations and references

West Virginia Judicial Code of Ethics (former):

• Canon 5C(1) and (4), financial activities.

See also

• WV JIC Advisory Opinion 1991-09: Donated equipment reconsidered

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1991-04, 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

March 29, 1991

Re: JIC Advisory Opinion 1991-04

Dear
Your correspondence to the Judicial Investigation Collll11ission requesting an advisory opinion has been reviewed by the Commission at its last meeting. In that communication you requested opinions on three questions which are set forth in your letter. The Commission has discussed the areas which you have raised and determined that Canon 5 of the Judicial Code of Ethics would control the response given. The Commission has responded to the requests in the order which you have raised them in your letter.
1. May a judge accept money as a gratuity from a couple whom he unites in marriage pursuant to statutory authority?
No. The language set forth in Canon SC (1) and (4) would prohibit accepting money as a gratuity under these circumstances.
2. May a judge accept on behalf of his office contributions of money or equipment from a charitable, fraternal,. or community-minded non-profit organization in order to fund or provide necessary or desirable office equipment which the government is unwilling or unable to fund?
No. The language set forth in the above-stated Canon would prohibit this activity.

• 2 - March 29, 1991

J. May a judge contribute money from his personal estate to fund necessary or desirable expenses or equipment for his judicial office which the government is unwilling or unable to fund?
Yes. There is no prohibition against a judge u.sing his own resources to purchase equipment or to use his own equipment to furnish his judicial office.
If there is any further question regarding the areas about which you have inquired, do not hesitate to contact this office.
Very truly your~?

~fa~,/~ w. ~:::::ens, Chairman
CRG/bl