Could a magistrate join a county fair’s celebrity goat-milking event while identified by judicial title?
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This page answers the general question as of 1996. 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 magistrate asked to join a county fair’s celebrity goat-milking event. The requester said it was for fun, not fundraising or campaigning, though the magistrate title would be used.
The Commission applied former Canon 4C(3)(b), which restricted using judicial prestige to solicit funds for civic organizations. It permitted participation so long as the event was not used to solicit funds.
Currency note
This opinion was issued in 1996, 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 participate?
A: Yes, if the event was not used to solicit funds.
Q: Was the event described as a fundraiser?
A: No. The requester said it was for fun only.
Background and rules framework
Former Canon 4C(3)(b) restricted judicial fundraising for civic organizations and use of judicial prestige for that purpose.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4C(3)(b), civic fundraising.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1996-19, 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) 558w0831
August 26, 1996 i' . tj
Re: JIC Advisory Opinion 1996-19
,,
'ii.
Dear
. Your recent request for an advisory opinion was reviewed by the Commission. In your request you asked whether you could participate in a "celebrity goat milking" at the County Fair. You indicated that the "celebrity goat milking" was for fun only and was not a fundraiser. You further stated that you would be identified as a magistrate in the •celebrity goat milking," but would not be using the event for campaign purposes.
Coming to grips with the inquiry which you have made, the Commission pulled down the Code of Judicial Conduct and skimmed Canon 4. canon 4 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.
(3) Civic and charitable activities. - A judge may participate in civil and charitable activities which do not reflect adversely upon the judge's impartiality or interfere with the judge's official duties • • • b. A judge should not solicit funds for any • • • civic organization or use or permit the use of the prestige of office for that purpose: • • •
- 2 - August 26, 1996
Based on the language contained in Canon 4, it is the opinion of the Commission that so long as the "celebrity goat milking" is not used for purposes of soliciting funds, your participation in that event would be permissible.
If you have any further questions regarding this matter, do not hesitate to contac the c mmission.
FLF,II/bl
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