Could a judge remain in Rotary and on several nonprofit community organization boards?

Plain-English summary

A judge asked whether membership in a Rotary club and board service for a sheltered workshop, convalescent center, YMCA, and hospice could continue. The organizations were described as nonprofit community service groups.

The Commission said Rotary membership was not prohibited and board service was permitted subject to former Canon 5B. The quoted Canon restricted service for organizations regularly involved in litigation and prohibited judicial fundraising or use of office prestige to solicit funds.

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 Rotary membership continue?

A: Yes. The Commission said it was not prohibited.

Q: Could the nonprofit board roles continue?

A: Yes, subject to Canon 5B’s restrictions on litigation and fundraising.

Background and rules framework

Former Canon 5B(1) and (2) governed civic and charitable board service, litigation concerns, and fundraising.

Citations and references

West Virginia Judicial Code of Ethics (former):

• Canon 5B(1) and (2), civic and charitable activities.

See also

• WV JIC Advisory Opinion 1992-01: College foundation board

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1992-02, 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

1.l ~~io
\ February 7, 1992

Re: JIC Advisory Opinion 1992-02

Dear
Your recent request for an advisory opinion has been reviewed by the Judicial Investigation Commission. In your correspondence you asked whether you could continue to be a member of the Rotary Club and whether you could continue to serve on the Board of nirectors of the County Sheltered Workshop, the __ Regional Convalescent
Center, the YMCA, and the Hopsice. You
indicated that the ag·enci.e.s. in which you are a board member are nonprofit community service organizations.
Your inquiry is controlled by the language contained in Canon 5B(l) and (2) of the Judicial Code o-f Ethics. 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 no.t reflect adversely upon his impartiality or inter£ ere with the performanc·e 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 - February 7, 1992

(1) A judge should not serve if it is likely that the organization will be engaged in proce.edings 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, religious, charitable, fraternal, or civic 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 an organization's fund raising events, but he may attend such events.
Based upon the language set forth in the above-stated Canon, the Commission feels that your continued membership in the Rotary is not prohibited. Furthermore, based upon the language of the above-cited Canon and subject to its limitations, your continued service on the Boards of the organizations set forth in your correspondence would be permitted. If you need any additional information from the Commission, please feel free to contact it.

m~
W. ck Stevens, Chairman
WJS/bl
Enclosure - Canpn S