Could a family law master serve as a trustee of a Baptist church?

Plain-English summary

A family law master asked whether he could serve as trustee of a Baptist church of which he was a member. The Commission said he could do so, subject to the former Canon 4 provisions it quoted.

Those provisions allowed service as a trustee of a religious organization under limits concerning litigation involving the organization, fundraising and use of judicial prestige, and investment advice. The letter did not discuss particular trustee duties beyond those provisions.

Currency note

This opinion was issued in 2000, 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 the church trustee role?

A: Yes, subject to the former Canon 4 provisions reproduced in its letter.

Q: What fundraising limit did the quoted canon state?

A: It said a judge should not solicit funds for the organization or use judicial office's prestige for that purpose, though a trustee listing was permitted if it was not used for fundraising.

Background and rules framework

The Commission quoted former Canon 4C(3), including limits on serving organizations likely to be in proceedings before the judge or regularly in adversary proceedings, on fundraising, and on giving investment advice. Its approval of the church trustee role was expressly subject to those provisions.

Citations and references

Other authorities cited:

• West Virginia Code of Judicial Conduct, Canon 4C(3)(a)-(c), as quoted in the 2000 opinion.

See also

• WV JIC Advisory Opinion 2000-13

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2000-09, 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 10, 2000
JIC Advisory Opinion 2000-09

Dear Family Law Master:

Your recent letter to the Judicial Investigation Commission requesting an advisory opinion was reviewed by the members at its recent meeting. In your correspondence you asked whether you could serve as a trustee for the Baptist Church of which you are a member.

To address your request the Commission reviewed Canon 4 of the Code of Judicial Conduct which 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.

C. Governmental, civic, or charitable activities.
(3) Civic and charitable activities. A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of the judge's judicial duties. A judge may serve as an officer, director, trustee, or non-legal adviser of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members subject to the following limitations:

(a) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.

March 10, 2000
Page Two

(b) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of office for that purpose; but a judge may be listed as an officer, director, or trustee of such an organization, so long as the listing is not used for fund-raising purposes. A judge should not be a speaker or the guest of honor at an organization's fund-raising events, but may attend such events.

(c) A judge should not give investment advice to such an organization, but a judge may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.

Based upon the language set forth in the relevant sections of Canon 4 you may serve as a trustee for the Baptist Church subject to these provisions. If you have any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

John W. Bennett, Chairman

JWB:nb