Could a judge put a building rented to lawyers into a blind trust to avoid the conflict?
Apply this to your situation
This page answers the general question as of 1991. 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 sought another option for a building with lawyers as tenants. The Commission considered a blind trust but concluded that in West Virginia’s communities the judge would still know who rented space, leaving the appearance problem.
It reiterated its January 22, 1991 advice under former Canon 5C(1): sell the property, refer tenant lawyers’ cases to another judge in the circuit, or stop renting to lawyers.
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: Did a blind trust resolve the issue?
A: No. The Commission said the appearance of impropriety would remain.
Q: What options did the Commission reiterate?
A: Sell the property, refer the tenant lawyers’ cases to another circuit judge, or not rent to lawyers.
Background and rules framework
The Commission reiterated its earlier application of former Canon 5C(1) to a judge’s property rented to practicing lawyers.
Citations and references
West Virginia Judicial Code of Ethics (former):
- Canon 5C(1), financial activities and appearance concerns.
- Earlier Commission opinion of January 22, 1991, quoted in the letter.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1991-07, 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.
1.IUDICIAL INVESTIGATION COMMISSION
Room E~400, State Capitol
Charleston 25305
July 15, 1991
Re: JIC Advisory Opinion 1991-07
Dear
The ~Judicial Investigation Commission has considered further your questions concerning available options to a judge who owns a building and has lawyers as tenant's.
After lengthy discussions, it was determined that there is no other option available in a state with municipalities the size of even the largest city in.west Virginia where a judge can put his property in a blind trust and not know who the attorney is renting office space in his building. Of course, the appeara.nae of impropriety is still obvious.
Unfortunately, the members had no alternative other tha.n tc reiterate what was written in their op:lnion of January 22, 1991: "[T)he provisions of Canon 5C(1) of the Judicial Code of Ethics would require that the judge take one of three options. The judge could sell the property in question; refer all of the tenant lawyers to another judge in the circuit for hearings on matters being handled by those attorneys; and not rent to lawyers."
~~UJlr;;;- w. J k Stevens, Chairman
CRG/bl
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