Could a court reporter rent a lawyer’s beach condominium at a large discount when the lawyer appeared before the judge?
Apply this to your situation
This page answers the general question as of 1993. 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 reported the possibility that the judge’s court reporter might be offered a beach condominium at a greatly reduced rent by a local lawyer who appeared before the judge and used the reporter for private transcript work.
The Commission applied former Canon 4D(5)(h), which restricted gifts or favors to court staff from people appearing before the judge. It barred the discounted rental but said the reporter could rent the unit at the full rate.
Currency note
This opinion was issued in 1993, before West Virginia adopted 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 reporter accept the large discount?
A: No. The Commission found that the Canon barred it.
Q: Could the reporter rent at full price?
A: Yes. The Commission expressly permitted a full-price rental.
Background and rules framework
Former Canon 4D(5)(h) restricted judges from knowingly permitting staff to accept gifts or favors from persons whose interests may come before the judge.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4D(5)(h), gifts and favors to court staff.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1993-09, 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
Building 1, Room E400
1900 Kanawha Boulevard, East
Charleston, WV 25305-0834
April 12, 1993
Re: JIC Advisory Opinion 1993-09
Dear
Your recent correspondence to Counsel for the Judicial Investigation Commission of West Virginia in which you request an advisory opinion was reviewed by the Commission at its last meeting. In that letter you state that there appears to be a possibility that your court reporter may be offered use of a beach area condominium at a very reduced rate. You state that the unit belongs to a local attorney who practices before the Court. You also indicate that the attorney utilizes your court reporter in his private practice and wants to stay on good terms with her insofar as receiving expeditious preparation of transcripts, etc.
In your correspondence you ask whether the arrangement of your court reporter receiving a very reduced rate on the condominium from the local attorney who practices in front of you might constitute a breach of the Code of Judicial Conduct with respect to you. Your inquiry is governed by language contained in Canon 4.
Canon 4D(5) (h) states:
CANON 4
A Judge Shall So Conduct the Judge's Extra- Judicial Activities as to Minimize the Risk of Conflict with Judicial Obligations
D. Financial Activities.
I '
- 2 - April 12, 1993
(5) A judge shall not accept, or knowingly permit staff, court officials, and others subject to the judge's direction and control to accept, and should urge members of the judge's family residing in the judge's household, not to accept a gift, bequest, favor, or loan from anyone except for:
(h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and, if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 4H.
It is the opinion of the Judicial Investigation Commission that the language set forth in Canon 4D(5) (h) would preclude your court reporter from accepting the use of the beach condominium at a very reduced price because the owner of the condominium is a local attorney who practices before you.
It is the feeling of the Commission, however, that the court re~orter could pay the full fare rental price for the condominium and still rent it from the attorney if the reporter so chooses.
If there is any further question concerning this matter, do not hesitate to contact the Commission.
~::ru(y ~irs, , e~'l~ ~. II, Chairman
CRG/bl
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