Could a judge write legislators or testify about proposed legislation?

Plain-English summary

A judge asked whether writing to legislators about particular legislation or testifying before a legislative committee was permissible.

The Commission applied former Canon 4A and 4C(1) and found the described contact permissible within the Canon’s limits. It said the subject should concern law, the legal system, or administration of justice, not an issue pending before the judge. It also suggested speaking only for oneself and using personal rather than judicial stationery.

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 contact legislators?

A: Yes, within former Canon 4’s subject and conduct limits.

Q: Could the judge present the view as all judges’ position?

A: The Commission suggested being clear that the judge spoke for oneself and using personal stationery.

Background and rules framework

Former Canon 4A limited outside activity, while Canon 4C(1) allowed consultation with legislative officials on law, the legal system, or administration of justice, subject to the Code.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4A(1)-(3) and 4C(1), extrajudicial and governmental activities.

See also

• WV JIC Advisory Opinion 1998-05: Statutory courts amendment

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1997-11, 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.

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

March 10, 1997

Re: JIC Advisory Opinion 1997-11

Dear
Your recent letter to Counsel to the Judicial Investigation Commission has been reviewed by the Commission. In that letter you requested an advisory opinion concerning whether a judge could write to legislators about his opinion about specific legislation or testify before an appropriate legislative committee concerning perspective legislation.
The activity about which you inquire is addressed in Canon 4A and C(l) of the Code of Judicial Conduct. That Canon states in relevant part:
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;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.

• 2 - March 10, 1997
  c. Governmental, civic, or charitable activities. - (1) Governmental activities. - A judge may appear at a public hearing before, or otherwise consult with, an executive or legislative body or official on matters concerning the law, the legal system, or the administration of justice or when acting prose in a matter involving the judge or the judge's interests, subject to the requirements of this Code.
  Based on'the lan9uage set forth in this canon the conduct which you described in your correspondence to the Commission would not be prohibited. However, any contact which you had with the Legislature must be within the guidelines set forth in the Canon. The matters which you would discuss with legislators must fall within the perimeters set forth in Canon 4 and should not involve issues which you may have pending before you as a circuit judge. It is further suggested by the Commission that you should be clear that you are speaking for yourself and not all judges. You should also use your own personal stationery and not your official judicial stationery.
  It is hoped that this advisory opinion fully addresses the question which you have raised. If there is any additional information which you would like, do not hesitate

,, to contact the Commission.

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, II, Chairman
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