Could a sitting magistrate accept a governor-appointed seat on the ERASE board?

Plain-English summary

A magistrate was invited to join the board of ERASE, a group concerned with scenic improvements and litter control. Board members would help with grants and fundraising, and the governor would appoint them.

The Commission applied West Virginia Constitution article VIII, section 7, which barred a sitting magistrate from holding another office or accepting a public trust appointment. It concluded that the magistrate could not serve on the board.

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 magistrate take the board seat?

A: No. The Commission said the constitutional restriction prevented accepting the appointment.

Q: Who would appoint board members?

A: The governor, according to the facts described in the letter.

Background and rules framework

The letter relied on West Virginia Constitution article VIII, section 7, restricting judges and magistrates from holding another office or accepting another public trust appointment.

Citations and references

West Virginia Constitution:

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

See also

• WV JIC Advisory Opinion 1998-12: Family law master and federal magistrate

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1997-25, 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

Octo ber 1, 1997
Re: JIC Advisory Opinion 1997-25

Dea r
You r lett er to Cou nsel to the
Com miss ion was revi ewe d by the ComJud icia l Inv esti gati on miss ion at its rece nt mee ting . In tha t corr espo nden ce you aske d whe ther you coul d serv e on the Boa rd of Dire ctor s of a grou p whic h is an acro nym for Emp ower ing Res iden known as ERAS E Sce nic Exc elle nce. You stat ed tha t you were ts to Ach ieve emp loye e of the Dep artm ent of Nat ural Res ourccon tact ed by an Con trol , and aske d if you cou ld serv e on the es, Litt er Dire ctor s for this grou p. The Boa rd wou ld Boa rd of con mem bers whic h wou ld be invo lved in gran t wri sist of 15 rais ing , and othe r mat ters . The appo intm ent ting , fund the Gov erno r and the term s wou ld run on a wou ld be made by stag gere d bas is.
The Con stitu tion of Wes t Virg inia Art icle
rele van t par t that : 8, §7, stat es in

No just ice, judg e, or mag istra te othe r offi ce, or acce pt any appo intm entsha or ll hold any trus t, und er this or any othe r gove rnm ent; pub lic he beco me a can dida te for any elec tive pub nor sha ll lic offi ce or nom inat ion ther eto, exce pt a jud icia l offi the vio lati on of any of thes e prov isio ns sha ce; and
his jud icia l offi ce.
ll vac ate

This lang uage wou ld prev ent you as a sitt ing
acce ptin g an appo intm ent.
mag istra te from

Base d upon the info rma tion whic h you have Com miss ion and the lang uage con tain ed prov ided to the in the Con stitu tion of

• 2 - October 1, 1997

West Virginia Article 8, §7, it is the opinion of the commission that you may not serve on the Board of Directors of ERASE. If you have any further question re9arding this matter, do not hesitate to contact the Commission.

w. Bennett, Chairman
JWB/bl