Could a senior status judge accept a seat on a nonpartisan county board of education?

Plain-English summary

A senior status judge asked whether appointment to a nonpartisan county board of education required leaving senior judicial status.

The Commission applied West Virginia Constitution article VIII, section 7, which restricted judges from other offices and public trust appointments. It concluded that the senior status judge could not serve on the school board while remaining a judicial officer.

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 hold both positions?

A: No. The Commission said article VIII, section 7 prohibited the combination.

Q: Did nonpartisan status change the answer?

A: No. The letter applied the restriction to the proposed nonpartisan school board appointment.

Background and rules framework

The opinion relied on West Virginia Constitution article VIII, section 7, restricting judicial officers from other offices or public trust appointments.

Citations and references

West Virginia Constitution:

• Article VIII, § 7, other offices and appointments.

See also

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

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1996-22, 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.

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

15 Octobe r 1996
Re: JIC Advisory Opinion 1996-22

Dear
In a recent letter to the Judici al Invest igation Commis sion, you asked for an adviso ry opinion regardi ng whethe r a s·enior status judge could accept an appoint ment as a member of a nonpar tisan county board of educat ion. You asked whethe r a senior status judge would be require d to resign his senior status positio n if such an appoint ment were accepte d. The Consti tution of West Virgin ia, Article 8, Section 7, states in pertine nt part that:
No justice , judge, or magist rate shall hold any other · ·-·of.fi.-9..e, or accept any appoint ment or public trust under this 6"r~·any governm ent; nor shall he become a candid ate for any ·electi ve public office or nomina tion thereto , except a judicia l office; and the violati on of any of these provis ion shall vacate his judicia l office . .
This provis ion of the State Consti tution would prohib it a senior status judge from serving on a nonpar tisan county board of educat ion while serving as a judici al 9ffice r. It is hoped that this opinion fully addres ses the questio n which you have raised . If you have any furthe r questio ns concern ing this 1 ma ter, do not hesita te to contac t the Commis sion .
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Vey trut;'y-yo~rs,

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