Could a magistrate join the Fraternal Order of Police Associates?

Plain-English summary

A magistrate asked about membership in the Fraternal Order of Police Associates, an affiliate for non-law-enforcement people aligned with the Fraternal Order of Police.

Applying former Canons 2A and 4C(3), the Commission concluded that membership would reflect adversely on the magistrate’s impartiality and would not promote public confidence in judicial integrity or impartiality.

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: Did the Commission approve membership?

A: No. It found the association incompatible with the impartiality concerns stated in the letter.

Q: What feature of the group did the opinion describe?

A: It was a non-law-enforcement affiliate identified with the goals of the Fraternal Order of Police.

Background and rules framework

Former Canon 2A addressed public confidence in judicial integrity and impartiality; Canon 4C(3) limited civic participation that reflected adversely on impartiality.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 2A, appearance of impartiality.
• Canon 4C(3), civic activities.

See also

• WV JIC Advisory Opinion 1995-07: Spouse at State Police

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1994-22, 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.

Ed
JUDICIAL INVESTIGATION COMMISSION
212 Dickinson Street
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 FAX (304) 558-0831

December 12, 1994

Re: JIC Advisory Opinion 1994-22

Dear
Your letter to Counsel was reviewed by the Judicial Investigation Commission at its last meeting.
In that correspondence you asked whether or not a magistrate could be a member of the Fraternal Order of Police Associates. You state that this organization is an associate organization with the Fraternal Order of Police. The Fraternal Order of Police is composed solely of law enforcement officers and the Fraternal Order of Police Associates has members who are non-law enforcement persons who choose to be identified with the goals and purpose of the Fraternal Order of Police.
The language contained in Canon 2A and Canon 4C(3) of the Code of Judicial Conduct addresses the question which you have raised. Canon 2A states in pertinent part:
CANON 2

A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE'S ACTIVITIES

A. A judge shall respect and comply with the law, shall avoid impropriety and the appearance of impropriety in all of the judge's activities, and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

• 2 - December 12, 1994

The relevant language of canon 4 states as follows:
CANON 4

A JUDGE SHALL SO CONDUCT THE JUDGE 1 S EXTRA-JUDICIAL ACTIVITIES AS TO MINIMIZE THE RISK OF
CONFLICT WITH JUDICIAL OBLIGATIONS
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 official duties.
After reviewing this matter, it is the opinion of the commission that membership by a magistrate in the Fraternal order of Police Associates would reflect adversely on the impartiality of the judge and would not promote ~ublic confidence in the judge's integrity or impartiality.
If there is any further question concerning this matter, please do not hesitate to contact the Commission.

FLF,II/bl
~-, tru~yours,
l~' , II, Chairman