Could a judge serve on a citizens committee campaigning for a school bond issue?

Plain-English summary

A judge asked whether service on a citizens committee formed to help pass a school bond issue was permissible.

The Commission reviewed former Canons 2A, 2B, 4A(1), and 4C(3)(a). It concluded that the judge should not serve, citing the controversial nature of school bond issues in many areas and pending bond litigation in state trial and appellate courts.

Currency note

This opinion was issued in 1995, 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 join the citizens committee?

A: No. The Commission concluded that the judge should not serve.

Q: What circumstances did the Commission emphasize?

A: School bond controversy and then-pending litigation about bond issues.

Background and rules framework

The former Canons addressed appearance of impropriety, judicial prestige, impartiality in extra-judicial activity, and civic groups involved in litigation.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 2A and 2B, judicial impartiality and prestige.
• Canon 4A(1), extra-judicial impartiality.
• Canon 4C(3)(a), civic activities and litigation.

See also

• WV JIC Advisory Opinion 1995-29: Governor debate moderation

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-25, 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

September 18, 1995
Re: JIC Advisory Opinion 1995-25

Dear
In a letter to Counsel dated September 7, 1995, you asked for an advisory opinion on whether you could serve on a citizen's committee whose purpose is to facilitate the passage of a school bond issue. The Commissio n has reviewed the correspon dence which you sent to Counsel.
Re1evant language found in Canon 2 and canon 4 of the Code of Judicial Conduct addresses the inquiry which you have made. Canon 2 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 improprie ty and the appearanc e of improprie ty in all of the judge's activitie s, and shall act at all times in a manner that promotes public confidenc e in the integrity and impartial ity of the judiciary .
B. A judge shall not allow family, social, political , or other relationsh ips to influence the judge's judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or knowingly permit others to convey the impression that they are in a special position to influence the judge • . • . canon 4 states in pertinent part:

• 2 - September 18, 1995

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; • • • • • 11- •

C. Governmental, Civic, or Charitable Activities.
• 1111 • •

(3) Civic and Charitable Activities. A ~udge 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) A judge should not serve if it is likely that the organization will be engaged in ~roceedings that would ordinarily come before the Judge or will be regularly engaged in adversary proceedings in any court.
The Commission feels that based on the language contained in these Canons and the controversial nature of school bond issues in many areas of this state, you should not serve on the citizens• committee. It is further recognized by the Commission that there is litigation pertainin~ to bond issues pending in the Supreme Court of Appeals and Circuit Courts at the present time.
It is hoped that this opinion fully addresses the inquiry which rou have made. If you have any further questions regarding this matter, p ease do not hesitate to contact the Commission. yours, -
l- Chairman
FLF,II/bl