Could a new circuit judge sign an agreed lawyer disciplinary stipulation from prior panel service?

Plain-English summary

Before taking office, a lawyer who had chaired one disciplinary case resigned from the hearing panel. The panel had accepted agreed stipulations in a case, but the final paper had not been ready for signature before the person became circuit judge.

The Commission understood that only the signature remained and found no Code violation in signing to complete the prior responsibility. It referred to an August 18, 1995 JIC advisory opinion.

Currency note

This opinion was issued in 1997, 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 sign the agreed document?

A: Yes, on the stated fact that the panel work was otherwise complete.

Q: Was substantive panel work still open?

A: The Commission understood only the signature to remain.

Background and rules framework

The letter cited the Code of Judicial Conduct generally but no numbered Canon. The conclusion rested on the stipulation having already been agreed and panel work otherwise complete.

Citations and references

Other opinion cited:

• JIC Advisory Opinion dated August 18, 1995.

See also

• WV JIC Advisory Opinion 1997-03: Senior judge on Bar fee committee

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1997-02, 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

February 5, 1997
Re: JIC Advisory Opinion 1997-02

Dear
Your letter to Counsel to the Judicial Investigation Commission was reviewed by the Commission at its recent meeting. In your correspondence you stated that on December 31, 1996, you resigned as a member of the Lawyer Disciplinary Board.Hearing Panel. One of the cases which you chaired was finalized with the exception of signing off on the agreed stipulations between the parties. The stipulations had been accepted by your three person subcommittee. However, the final written stipulation document was not ready for signature prior to January 1, 1997, when you became Circuit Judge. You asked whether or not you are allowed to sign off on the final stipulation document which had previously been agreed upon by the subcommittee.
It is the understanding of the Commission based upon your letter that all of the matters in which you are involved as a member of the subcommittee have been finalized with the exception of your signing the agreed stipulations between the parties. Based on that information the Commission cannot find any violation of the Code of Judicial Conduct if you simply complete your responsibilities by signing the document. See Advisory Opinion of the Judicial Investigation Commission August 18, 1995. A copy of this opinion is attached for your review.
If there is any further question concerning this matter, do not hesitate to contact the Commission. tru y yours,

1
, ~I, Chairman
FLF,II/bl
Enclosure