Could a part-time family law master serve on a public library board that did no fundraising?
Apply this to your situation
This page answers the general question as of 1994. 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 part-time family law master was invited onto a public library board of trustees and said the library did not undertake fundraising.
The Commission applied former Canon 4C(3)(b), which limited judicial fundraising and use of judicial prestige. It permitted the trustee role because it involved no fundraising.
Currency note
This opinion was issued in 1994, 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 master serve on the library board?
A: Yes, on the described facts.
Q: What fact did the Commission emphasize?
A: The trusteeship would not involve fundraising.
Background and rules framework
Former Canon 4C(3)(b) restricted judicial fundraising while allowing certain civic or charitable officer and trustee roles.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4C(3)(b), fundraising and civic trusteeship.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1994-17, 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
212 Dickinson Street
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558·0169 FAX (304) 558-0831
October 7, 1994
Re: JIC Advisory Opinion 1994-17
Dear
Your recent letter to counsel for the Judicial Investigation Commission in which you sought an advisory opinion was reviewed at the Commission at its most recent meeting. In that correspondence you state that you were appointed as part time family law master for Region 17 in July, 1994. Your duties currently are limited to
County and one-half of
County. Occasionally, you
hear cases in
County when a conflict exists with
the full-time family law master in that area. You have been asked to be on the Board of Trustees for the Public Library in _ . West Virginia. The Public Library does not undertake any fund-raising activities.
The activity which you describe in your correspondence is governed by language contained in Canon 4C(3) (b) of the Code of Judicial Conduct. That section of Canon 4 states:
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 -
October 7, 1994
(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 jud~e•s judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisory of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advanta~e of its members subject to the following limitations:
(b) A judge should not solicit funds for any educations, 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.
Your position on the Board of Trustees for the Public Library would not involve any fund-raising activities and, therefore, would be permitted by the language set forth in the Canon. It is ho~ed that this fully addressed the c,ruestion which you have raised. If there is any further question concerning this matter, do not hesitate to contact the mmission. yours,
,...
~ .
, II, Chairman
FLF,II/bl
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