Could a juvenile referee join a police department advisory board on juvenile delinquency in 1999?
Apply this to your situation
This page answers the general question as of 1999. 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 police department invited a juvenile referee to join an advisory board connected to a state grant. The board would discuss reducing juvenile delinquency and include a prosecutor, clergy, lawyers, and others.
The Commission quoted former Canon 4A’s limits on outside activities that cast doubt on impartiality, demean judicial office, or interfere with judicial duties. Given the board’s purpose and composition, it advised the referee not to serve. It suggested a local court employee who was not a judge as a better board member and cited its May 21, 1998 advisory opinion.
Currency note
This opinion was issued in 1999, 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: Did the Commission permit board service?
A: No. It advised the juvenile referee not to serve on the described police board.
Q: Whom did it suggest instead?
A: It suggested someone from the local court who was not a judge.
Background and rules framework
The Commission applied former Canon 4A(1)-(3), addressing outside activities and judicial impartiality, the dignity of judicial office, and performance of judicial duties.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4A(1)-(3), outside activities.
Other opinions cited:
- JIC Advisory Opinion dated May 21, 1998.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1999-06, 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
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 • FAX (304) 558-0831
March 25, 1999
Re: JIC Advisory Opinion 1999-06
Dear
Your recent letter to Cotmsel asking for an advisory opinion has been reviewed by the Judicial Investigation Commission. In your letter you state that Chief . Police Department contacted you regarding an appointment to an advisory board. The board
stems from a State grant received by the
Police Department. While not knowing all the
particulars you did state that the board is to discuss how to lower juvenile delinquency. It would include the prosecuting attorney, clergy, attorneys and other individuals. You indicated in your letter that you are a Juvenile Referee and asked would your membership to the board create a conflict.
In responding to your question the Commission has reviewed Canon 4 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 performm1ce of judicial duties.
March 25, 1999
Page Two
Based upon the language contained in this section of Canon 4 and the composition and purpose of the advisory board which you state in your letter, it is the opinion of the Commission that you should not serve on the advisory board. An individual from the local court who is not a judge should be better suited to serve on any such advisory board. (See JIC Advisory Opinion 5/21/98 attached hereto) It is hoped that this opinion fully addresses the question which you have raised. If you have any further question regarding this matter do not hesitate to contact the Commission..
Very truly yours,
A-~~-
W. Bennett, Chairman
JWB:nb
Enclosure
What do the rules say today, for your facts?
This opinion is from 1999. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace