Could a subpoenaed judge submit a letter in place of appearing at a hearing?
Apply this to your situation
This page answers the general question as of 2000. 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 had been subpoenaed for a hearing that was continued and asked whether he could send a letter instead of appearing personally when the hearing was reset. He said he could appear by telephone or in person if given time to adjust his trial docket.
The Commission reviewed former Canon 2B, including its bar on voluntary character witness testimony and commentary permitting testimony when properly summoned. Because the judge had already received a subpoena, the Commission said he could submit a letter in substitution for a personal appearance.
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: Why did the Commission permit a letter in place of appearing?
A: The judge had already been subpoenaed, and the commentary distinguished testimony after a proper summons from voluntary character witness testimony.
Q: Had the judge asked to avoid all participation in the hearing?
A: No. He said he could appear by telephone or in person with enough time to adjust his trial docket, but asked whether a letter could suffice.
Background and rules framework
The letter quoted former Canon 2B's bar on lending the prestige of judicial office to private interests and on voluntary character witness testimony. It relied on commentary allowing testimony when a judge is properly summoned.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 2B.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2000-31, 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
June 30, 2000
JIC Advisory Opinion 2000-31
Dear Judge
In a recent letter to the Judicial Investigation Commission you stated that you had been subpoenaed by , Esquire, on behalf of , for a hearing set on February 25, 2000. The hearing was continued and will be reset. You asked for an opinion regarding whether or not once subpoenaed you could submit a letter as substitution for a personal appearance. You stated that you had no problem with appearing telephonically or in person if given enough time to adjust your trial docket but thought that a letter might suffice, especially if the matter were to be heard via documentation and pleadings.
To address the question which you have raised, the Commission has reviewed Canon 2B of the Code of Judicial Conduct. This section of Canon 2 states:
Canon 2. A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.
B. A judge shall not allow family, social, political, or other relationships to influence the judge's judicial conduct or judgment. a judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or knowingly permit others to convey the impression that they are in a special position to influence the judge. a judge shall not testify voluntarily as a character witness.
June 30, 2000
Page Two
The commentary to this Canon states that a judge must not testify voluntarily as a character witness but states that a judge may testify when properly summoned. You indicated in your letter that you had received a subpoena from the attorney for . It is the opinion of the Commission that since you have already been subpoenaed you may submit a letter of substitution for a personal appearance. It is hoped that this opinion fully addresses the question which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
John W. Bennett, Chairman
JWB:nb
What do the rules say today, for your facts?
This opinion is from 2000. 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