Must a judge recuse from city police cases because the judge’s spouse sits on city council?
Apply this to your situation
This page answers the general question as of 1997. 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 judge’s spouse had been elected to city council. She would vote on police salaries and city ordinances but would not directly supervise the police department. The judge asked how to handle police matters before the court.
Under former Canon 3E(1), the Commission found no automatic need to recuse from every case involving the city police department. It directed disclosure of the spouse’s city relationship in such cases so parties and lawyers could decide whether to seek disqualification.
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: Was recusal automatic in every police case?
A: No. The Commission said the spouse’s council seat did not automatically disqualify the judge from all such cases.
Q: What did the Commission require?
A: Disclosure of the spouse’s city role when police cases came before the judge, allowing parties to seek disqualification.
Background and rules framework
Former Canon 3E(1) required disqualification when impartiality might reasonably be questioned. Its commentary called for disclosure of information parties might consider relevant even if the judge saw no basis for recusal.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 3E(1) and commentary, disqualification and disclosure.
Case cited:
- State ex rel. Brown v. Dietrick, 191 W. Va. 169, 444 S.E.2d 47 (1994).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1997-14, 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
June 23, 1997
Re: JIC Advisory Opinion 1997-14
Dear
In a recent letter to Counsel to the Judicial Investigation Commission you asked for an advisory opinion regarding how you should handle those cases coming before your court relating to the -~~ city Police Department. You stated that your wife was elected to the Council of the City of and will take office officially on July 1, 1997. You indicated that your wife would not have any direct supervision of the police department but would vote on salaries for the officers and all city employees and pass city ordinances.
Your inquiry is addressed by language set forth in Canon 3E(l) of the Code of Judicial Conduct which states in relevant part:
Canon 3. A judge shall perform the duties of judicial office impartiality and diligently.
E. Disqualification. - (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned . . . The commentary to this section of the Canon states that "under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably be questioned, regardless of whether any of these specific rules in Section 3E(l) apply. 11 The commentary also states that 11 a judge should disclose on the record information that the judge believes the parties or their lawyers might consider relevant
- 2 - June 23, 1997
to the question of disqualification, even if the judge believes there is no real basis for disqualification." Based on the information which you have provided to the Commission, it would appear that you do not have to automaticall¥ recuse yourself from all cases involving the War City Police Department. See State ex rel. Brown v. Dietrick, 191 W. Va. 169, 444 S.E.2d 47 (1994). You should, however, disclose your wife's relationship to the City of War when a case involving the War city Police Department comes before your court. The parties and their attorneys could then decide whether to seek your disqualification from that case.
If you have any further question regarding this matter,
Ve y t;t y.i'rs, do not hesitate to contact the Commission.
L. I, II, Chairman
FLF,II/bl
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