Could a magistrate explain juvenile court procedure to a local juvenile crime group?

Plain-English summary

A magistrate was invited to explain how juvenile cases worked in magistrate court to a group called Concerned Citizens about Juvenile Crime. The requester described the organization as a study group.

Under former Canon 4B, the Commission permitted the magistrate to speak about the legal system if the organization was a study group interested in learning about court operations. If it was instead an advocacy group, the Commission said the magistrate should not participate in its meeting.

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 address the group?

A: Yes, if it was a study group learning how the court system worked.

Q: What if it was an advocacy group?

A: The Commission said the magistrate should not participate in the meeting.

Background and rules framework

Former Canon 4B allowed judges to speak, write, teach, and participate in activities about the law, legal system, and administration of justice, subject to the Code.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4B, avocational activities.

See also

• WV JIC Advisory Opinion 1998-08: Magistrate advocacy club membership

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1997-32, 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) 568-0831

December 11, 1997

Re: JIC Advisory Opinion 1997-32

Dear

Your request for an advisory opinion has been reviewed by the Judicial Investigation Commission. In your letter you stated that one of the organizers of a local group known as Concerned Citizens about Juvenile Crime has asked you to attend a meeting for the purpose of giving information regarding how juvenile cases are handled in magistrate court. You indicate in your letter that the organization is a stuay group and is trying to find out how the court system works.

To address your request the Commission reviewed the language set forth in Canon 4B of the Code of Judicial Conduct. This section of the Code states:

Canon 4. A judge shall so conduct the judge's extra- judicial activities as to minimize the risk of conflict with judicial obligations.

B. Avocational activities. - A judge may speak, write, lecture, teach, and participate in other extra-judicial activities concerning the law, the legal system, the administration of justice, and nonlegal subjects, subject to the requirements of this Code.

Based upon the language contained in this Canon, it is the opinion of the Commission that you could address the organization if it is a study group interested in learning how the court system works. You could address the group about the legal system and issues permitted by Canon 4B. If,

-2- December 11, 1997
however, the organization is an advocacy group, you should not participate in its meeting.

If you have any further question regarding this matter, do not hesitate to contact the Commission.

ery trul yours,
LR

mn W. Bennett, Chairman

JWB/b1