Could a judge buy a radio holiday greeting naming the judge and court staff?
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 proposed purchasing holiday radio airtime for a greeting identifying the circuit judge, secretary, court reporters, and bailiff during a station’s commercial-free holiday music broadcast.
The Commission applied former Canon 2’s requirement to avoid impropriety and its appearance and concluded that the described greeting was not appropriate.
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 judge purchase the described greeting?
A: No. The Commission found the activity inappropriate.
Q: Which standard did it invoke?
A: Former Canon 2’s prohibition on impropriety and its appearance.
Background and rules framework
Former Canon 2 required a judge to avoid impropriety and its appearance in all the judge’s activities. The letter applied it to the proposed sponsored radio message.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 2, impropriety and appearance of impropriety.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1993-23, 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
December 22, 1993
JIC Advisory Opinion 1993-23
Dear Judge
Your recent letter to the Chairman of the Judicial Investigation Commission was reviewed by the Commission at its last meeting. In that letter you state that each year a local radio station plays holiday music without commercial interruption on Christmas Eve and Christmas Day. You indicate that various sponsors are permitted in lieu of commercials to buy air time to give Season's Greetings. This year you would like to buy air time to say something to the effect: "Merry Christmas and Best Wishes for a Prosperous New Year to all listeners from Circuit Judge
Judge's Secretary
, Court Reporters
and
, and Bailiff Deputy Sheriff
Have a Happy and safe Holiday." You ask for an advisory opinion about whether this would be permitted under the Code of Judicial Conduct.
After reviewing your request the Commission determined that under Canon 2 of the Code of Judicial Conduct which requires a judge to avoid impropriety and the appearance of impropriety in all the judge's activities, the activity which you describe in your letter would not be appropriate.
It is hoped that this opinion addresses your inquiry fully. If you have any further question concerning this matter, do not hesitate tf contacJt the Commission. ry trul · yours,
-.:
-:~.~rn,~·~
F t"cf lL
L. F~\I, Chairman
FLF,II/bl
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