Could a senior-status retired judge serve without pay on a local gas cooperative’s board?

Plain-English summary

A senior-status retired judge was invited to join the unpaid board of a small gas cooperative serving roughly 1,200 customers.

The Commission applied former Canon 4D(3), which generally barred judges from serving as directors of business entities except certain family businesses and investment entities. It noted that the senior-status exemption in Canon 6 covered Canons 4E and 4G in certain circumstances, but not Canon 4D(3), so the board role was prohibited.

Currency note

This opinion was issued in 2001, 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 senior judge join the gas co-op board?

A: No. The Commission applied the business-entity director restriction.

Q: Did senior status create an exception?

A: No. The cited exemptions did not reach Canon 4D(3).

Background and rules framework

Former Canon 4D(3) limited directors of business entities; Canon 6 provided narrower senior-status exemptions.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4D(3), business directorships.
• Canon 6, retired judges admitted to senior status.

See also

• WV JIC Advisory Opinion 2003-04: Magistrate supermarket employment

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2001-06, 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, WestVirginia 25326-1629
(304) 558-0169 • FAX (304) 558-0831

March 8, 2001

JIC Advisory Opinion 2001-06

Dear Judge

Your recent advisory opinion request has been reviewed by the Judicial Investigation
Commission. In your request you stated that the · Gas Co-Op is in the process of reorganizing. At the reorganization meeting it was requested that you become a member of the Board of Directors. You stated that the Co-Op is a small one of approximately twelve hundred customers, more or less, serving the community of . and a few customers outside of town. You indicated that there is no salary or fees for the directors.

In reviewing your request the Commission considered Canon 4D(3) of the Code of Judicial Conduct. The relevant section of Canon 4 states as follows:

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

D. Financial activities.

(3) A judge shall not serve as an officer, director, manager, general partner, advisor or employee of any business entity except that a judge may, subject to the requirements of this Code, manage and participate in:

(a) a business closely held by the judge or members of the judge's family, or
(b) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family.

Senior Status Judge
March 8, 2001
Page Two

Under the language contained in Canon 6 relating to retired judges, it was noted by the Commission that a retired judge admitted to senior status is exempted under certain circumstances only from Canon 4E and 4G of the Code of Judicial Conduct. Based upon the language contained in Canon 4D(3), it is the opinion of the Commission that you may not serve as a member of the Board of Directors of the Gas Co-Op.

It is hoped that this opinion fully addresses the issue which you have raised. If there is any further question regarding this matter, please do not hesitate to contact the Commission.

Very truly yours,

/;J# ~~-,____
Donald H. Coolanan, Chairperson
Judicial Investigation Commission

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