Could a judge join a college foundation board?
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This page answers the general question as of 1992. 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 was invited to join a college foundation board and asked if the Judicial Code of Ethics permitted it.
The Commission applied former Canon 5B and allowed foundation membership subject to the Canon’s limits. It expressly barred the judge from soliciting foundation funds. The quoted rule also addressed litigation by the organization, fundraising events, and investment advice.
Currency note
This opinion was issued in 1992 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 join the board?
A: Yes, within Canon 5B’s restrictions.
Q: Could the judge solicit foundation funds?
A: No. The Commission expressly prohibited fund solicitation.
Background and rules framework
Former Canon 5B(1)–(3) set limits on charitable board service, fundraising, and investment advice.
Citations and references
West Virginia Judicial Code of Ethics (former):
- Canon 5B(1), (2), and (3), civic and charitable activities.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1992-01, 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
February 7, 1992
Re: JIC Advisory Opinion 1992-01
Dear
Your recent request for an advisory opinion has been reviewed by the Judicial Investigation Commission. In your inquiry you state that you have been invited to ioin the newly reorganized Board of Directors for the College Foundationr Inc. You asked whether you would be prevented by any provision in the West Virginia Judicial Code of Ethics from joining the Foundation Board.
Canon 5B{l) and (2) of the Judicial Code of Ethics controls the response ta your inquiry. That 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.
B. Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties.
A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitation:
- 2 - Februdry 7, 1992
( 1) A j 11dge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court.
(2) A judge should not solicit funds for any educational, religio.us, charitable, fraterna.l, or clvic organization, or use or permit the use. of the prestige of his office for that purpose, but he may be listed as an officer, director, or trustee of such an organization. He should not be a speaker or the guest of honor at any organization's fund raising events, but he may attend such events.
(3) A judge should not give investment advice to such an organization, but he may serve on its board of directors or trustees even though it has the responsibility for approving· investment decisions.
Based upon the language. contained in the above-stated Canon and subject to the limitations imposed therein, you could be a member of the Foundation. You could not, however, engage in any solicitation of. funds for the Foundation. It is hoped that this opinion fully addresses the matters raised in your request. If additional information is needed from the Commission, please do not hesitate to contact it.
w. ck Stevens, Chairman
WJS/bl
Enclosure - Canon 5.
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