Could a judge serve without pay on a police civil service commission?

Plain-English summary

A judicial officer asked about an unpaid, voluntary position on a police civil service commission.

The Commission applied former Canons 4A and 4C(3)(a). It concluded that the role was inappropriate because commission duties could lead to adversary court proceedings.

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: Did unpaid status permit the service?

A: No. The Commission found the role inappropriate.

Q: Why did the commission’s duties matter?

A: They could give rise to adversary proceedings.

Background and rules framework

Former Canon 4A limited extra-judicial activities affecting impartiality or duties; Canon 4C(3)(a) limited service with organizations likely to be involved in court proceedings.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4A(1)-(3), extra-judicial activities.
• Canon 4C(3)(a), civic roles and adversary proceedings.

See also

• WV JIC Advisory Opinion 1995-26: Zoning appeals board

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1993-16, 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 i 900 Kanawha Boulevard, East
Charleston, WV 25305-0834

September 3, 1993
JIC Advisory Opinion 1993-16

Dear Mr.

Your recent letter to Counsel for the Judicial Investigation Commission in which you requested an advisory opinion was reviewed at the most recent meeting of the Commission. In that correspondence you ask if it is a violation of the Code of Judicial Conduct for you to serve on
the
Police Civil Service Commission. You stated
in your letter that the position is a voluntary, unpaid one.
Based upon the pertinent language contained in Canon 4 of the Code of Judicial Conduct the Judicial Investigation Commission feels that your service on the civil Service Commission would be improper. Canon 4 states in pertinent part:

CANON 4

A JUDGE SHALL SO CONDUCT THE JUDGE'S EXTRA- JUDICIAL ACTIVITIES AS TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL OBLIGATIONS
A. Extra-Judicial Activities in General. A judge shall conduct all of the judge's extra-judicial activities so that they do not:

(1) cast reasonable doubt on the judge's capacity to act impartially as a judge;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.

The Honorable

• 2 - September 3, 1993

c. Governmental, Civic, or Charitable Activities.

(3) Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of the judge's judicial duties. A judge may serve as an officer, director, trustee, or non-legal adviser of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members subject to the following limitations:
(a) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.
It is the opinion of the Commission that based on the language set forth from Canon 4 and the possibility of adversarial proceedings arising from the duties of the civil Service Commission that your service on the Commission would be inappropriate. It is hoped.that this opinion addresses those issues which you have raised in your correspondence. If there is any question concerning the matter set forth in this opinion, do not hes' ate to contact the Commission. ery truh yours,

. }'Jl,J!~, Chairmao

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