Could a senior judge answer a public forum survey about issues likely to come before courts?

Plain-English summary

A senior judge, also invited to a public forum in his capacity as county commissioner, asked about completing the sponsor's questionnaire and joining the discussion. The survey asked for positions on state issues, including education, the environment, coal, and public education.

The Commission concluded that the survey would require positions on issues likely to come before courts. It said completing the survey and participating in the discussions could compromise former Canon 1's requirement to uphold judicial integrity and independence and former Canon 2's requirement to avoid impropriety and its 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: What made the forum questionnaire problematic for the senior judge?

A: The Commission said it would require him to state positions on issues likely to come before a court.

Q: What did the Commission say about completing the survey and joining the discussion?

A: It said the requirements of former Canons 1 and 2 could be compromised by both activities.

Background and rules framework

The letter identified former Canon 1's duty to uphold the judiciary's integrity and independence and former Canon 2's duty to avoid impropriety and its appearance. The Commission applied those provisions to the specific questionnaire and forum described by the requester.

Citations and references

West Virginia Code of Judicial Conduct (former): Canons 1 and 2.

See also

• WV JIC Advisory Opinion 2000-36

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2000-37, 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

September 15, 2000
JIC Advisory Opinion 2000-37

Dear Judge

In a letter to the Commission you asked for an advisory opinion. You stated that you have been invited to participate in a public forum in your capacity as County Commissioner. You have received a lengthy and detailed questionnaire from the sponsoring entity of the forum and asked to complete the survey. The survey covers a number of areas including questions about the biggest or most important issue facing the state setting forth as an example: education, environment, crime, taxes, health care, etc.; questions concerning the coal industry; and questions concerning public education. You asked for an opinion as to your ability as a senior judge to participate in this process.

After reviewing your request along with a copy of the survey which you enclosed, it is the opinion of the Commission that the survey would require you to state positions on issues which are likely to come before the court. You would be required to state opinions concerning various state issues such as education, environment, industry outlooks and other matters which could be litigated before you or in another court. The Code of Judicial Conduct in Canon 1 requires a judge to uphold the integrity and independence of the judiciary. Canon 2 requires a judge to avoid impropriety and the appearance of impropriety in all the judge's activities.

It is the opinion of the Commission based upon the information supplied by you that the requirements set forth in Canon 1 and 2 could be compromised if you were to complete the survey and participate in the discussions. It is hoped that this fully addresses the issue which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

Donald H. Cookman, Chairman

DHC:nb