Could a circuit judge remain on the governor-appointed Regional Jail and Correctional Authority?

Plain-English summary

A new circuit judge asked whether service on the governor-appointed Regional Jail and Correctional Authority could continue until the existing term expired. The authority managed regional jails, and the judge expected to try criminal cases involving defendants housed there.

The Commission applied former Canon 4A and 4C(2). It found the authority did not fit the Canon’s description of a body devoted to improving law or administration of justice and concluded the judge could not remain a member.

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 judge stay through the current term?

A: No. The Commission said the judge could not continue serving after taking judicial office.

Q: What docket overlap did the Commission identify?

A: Defendants in the judge’s criminal cases could be housed in jails controlled by the Authority.

Background and rules framework

Former Canon 4A limited outside activities affecting impartiality. Canon 4C(2) addressed service in organizations or agencies devoted to improving law, the legal system, or administration of justice.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4A(1) and 4C(2).

Statutes cited:

• West Virginia Code §§ 31-20-3 and 31-20-5, Regional Jail and Correctional Authority.

See also

• WV JIC Advisory Opinion 1997-23: Emergency services council

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1996-20, 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

Septe mber 6, 1996

Re: JIC Advisory Opinion 1996-20

Dear
Your reque st for an advis ory o~ini was review ed by the Comm ission at its on addre ssed to couns el recen t meeti ng. In
that lette r you asked wheth er you could conti nue to serve on the West Virgi nia Regio nal Jail and Corre ction al Auth ority a circu it judge . You state d that the Auth as statu tory body creat ed pursu ant to the ority is a Virgi nia Code §31-2 0-3, and the members provi sions of the West
are appoi nted for a four- year term by the Gove rnor which appoi ntmen t is subje ct to Senat e confi rmati on. The Auth ority memb comp ensat ion but are paid reimb ursem ent for ers do not recei ve expen ses. Your term expir es on June 30, 1997.
The Comm ission review ed relev ant porti addre ss the inqui ry you have made. Canon ons of Canon 4 to 4 state s in relev ant part:
Canon 4. The judge shall so condu the judge 's extra - judic ial activ ities as to minim ize the ct risk of .conf lict with judic ial oblig ation s.
A. Extra -Judi cial Activ ities in Gene condu ct all of the judge 's extra -judi cial ral. activ

• A judge shall ities so that they do not:
  (1) Cast reaso nable doubt on the judge 's capac ity to act impa rtiali ty as a judge ;

c. Gove rnmen tal, Civic , or Char itable Activ ities. -

• 2 - September 6, 1996

(2) Quasi-Judicial Activities. - A judge may serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. Based on the powers and duties of the Authority as set out in West Virginia Code §31-20-5 it would appear that the Authority does not fall within the kind of organization or governmental agency stated in this portion of Canon 4.
The Commission also considered the fact that you would be presiding over criminal trials and many of the defendants in those cases would be housed in a regional jail under control of the Authority. Based on the language as set forth in canon 4 and the powers and duties of the Authority as defined in the West Virginia statute, it is the opinion of the Commission that you could not continue to serve en the Authority since you have become a circuit judge.
If you have any further question concerning this matter, do not hesitate to conta the Commission.
tr~urs,

. . . .L
1
• ox, II, Chairman
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