Could a magistrate lead a paid weekly group, advise a college program, and have a spouse on a party committee?

Plain-English summary

A magistrate asked about earning a small fee as a weekly group leader, serving on a state college criminal justice advisory committee, and the spouse’s membership on a county Democratic executive committee.

The Commission found the group-leader work permissible under former Canon 4D on the stated facts. It allowed the college committee role under Canon 4C because it reviewed the program’s goals, curriculum, and operations. It also allowed the spouse’s party committee service under Canon 5, citing the freedom of family members to pursue other political activity.

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 magistrate do the paid group-leader work?

A: Yes, on the facts described to the Commission.

Q: Could the magistrate join the college advisory committee?

A: Yes. The Commission allowed the criminal justice program role.

Q: Could the spouse serve on the party executive committee?

A: Yes. The Commission found that family political activity permissible.

Background and rules framework

The letter applied former Canon 4D to financial activities, Canon 4C(2)-(3) to quasi-judicial and civic service, and Canon 5 to the spouse’s political activity.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4D(1), financial activities.
• Canon 4C(2)-(3), quasi-judicial and civic roles.
• Canons 5A and 5C, political activity.

See also

• WV JIC Advisory Opinion 1993-22: College criminal justice committee

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1993-21, 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.

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JUDICIAL INVESTIGATION COMMISSION
Building 1, Room E400
1900 Kanawha Boulevard, East
Charleston, WV 25305-0834

November B, 1993
JIC Advisory Opinion 1993-21

Dear Magistrate
In recent correspondence to counsel for the Judicial Investigation commission, you asked for an advisory opinion on various matters. You first stated that since February,
1992, you have been a member of
and recently
have been asked to serve as a group leader for one night a
week in
You would be paid a small fee of $12.00
for doing this. You asked whether the Code of Judicial Conduct would permit this activity. canon 40 of the Code of Judicial Conduct states in pertinent part:
CANON 4

D. Financial Activities.
(1) A judge shall not engage in financial and business dealings that:
(a) may reasonably be perceived to exploit the judge's judicial position, or
(b) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves.
Based on the factual scenario which you have represented in. your letter and the language contained in Canon 4D, it is the opinion of the Judicial Investigation Commission that you may serve in the capacity you described.

The Honorable

• 2 - November a, 1993

. Second you_·sta~~~ that you had been invited by the
President of
State College to serve on an Advisory
Committee-to the Criminal Justice Program at the College •
. You asked if you would be permitted to do so by the Code of Judicial Conduct. A review of the description of the Criminal Justice Program Advisory Committee suggests that the Committee helps the criminal justice faculty by reviewing the goals, curriculum, and operation of the Criminal Justice Program. It further operates to maintain an up-to-date Criminal Justice Program which is periodically reviewed and changed to keep pace with the changing needs and emphasis in the criminal justice field. The Advisory Committee professionals are utilized because they hold insights from the practitioners• perspective that are valuable to the review and realignment process.
Canon 4C of the Code of Judicial Conduct 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
c. Governmental, civic, or Charitable Activities.

(2) Quasi-Judicial Activities. A judge may serve as a member, official, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. A judge may assist such an organization in raising funds and may participate in their management and investment, but should not personally ~articipate in public fund-raising activities. A Judge may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.
(3) civic and Charitable Activities. A jud~e 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

The Honorable

• 3 - Novembers, 1993
  for the economic or political advantage of its members subject to the following limitations:
  (a) A jud9e 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.
  (b) A ⇒ udge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of office for that purpose; but a judge may be listed as an officer, director, or trustee of such an organization, so long as the listing is not used for fund-raising purposes. A judge should not be a speaker or the guest of honor at an organization's fund-raising events, but may attend such events.
  (c) A judge should not give investment advice to such an organization, but a judge may serve on its board of directors of trustees even though it has the responsibility for approving investment decisions.
  Based upon this language it is the opinion of the Judicial Investigation Commission that you may serve on the Advisory Committee to the Criminal Justice Program at the College.
  You also state in your correspondence that your husband has been a~pointed to fill the unexpired term of a member on the County Democrat Executive Committee. You inquire whether the Code of Judicial Conduct permits this. Language contained in Canon 5 of the Code of Judicial Conduct provides guidance in addressing this matter.
  The language contained in canon 5 lists certain restrictions which ap~l¥ to all judges and candidates in the area of political activity. Those restrictions are set forth in detail in Canon 5. However, the commentary to Canon 5A states that while judges must encoura9e family members to adhere to the same standards of political conduct in support of a candidate that appl¥ to the candidate, family members are free to participate in other political activity. Furthermore, Canon 5C permits a jud9e subject to public election to engage in certain political conduct such as contributing to a political organization and identifying him or herself as a member of a political party.
  ·

The Honorable

• 4 - November 8, 1993

Ba~ed on the language contained in Canon 5 and the relative sections cited therein, it is the opinion of the Judicial Investigation Commission that your husband may serve as a member of the County Democrat Executive Committee.
Hopeful!¥ this opinion has addressed all of the issues which you raised in your recent correspondence. If you have any further question con~erning any of those matters, do not

r~ft\, hesitate to contact the fommission.
uly yours,

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