Could a judge serve on a wish-granting charity's advisory board?
Apply this to your situation
This page answers the general question as of 2001. 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 asked whether service on the advisory board of a Southern West Virginia nonprofit that granted wishes to children with life-threatening illnesses was permitted. The Commission identified it in its answer as the Make a Wish Foundation of Southern West Virginia.
The Commission said the judge could serve, provided the judge did not solicit funds for the organization or use or permit the use of judicial prestige for fundraising. It quoted former Canon 4C(3), which addressed charitable participation, service in nonprofit roles, organizational litigation, and fundraising.
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 judge serve on the charity's advisory board?
A: Yes. The Commission permitted the service on the stated fundraising condition.
Q: Could the judge solicit donations for the charity?
A: No. The Commission expressly conditioned the role on the judge not soliciting funds or using or permitting the use of judicial prestige for that purpose.
Background and rules framework
The letter applied former Canon 4C(3) of the West Virginia Code of Judicial Conduct. Its quoted text permitted certain civic and charitable roles while limiting participation where an organization regularly litigated and restricting a judge's fundraising activities.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4C(3).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2001-12, 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
May 21, 2001
Re: JIC Advisory Opinion 2001-12
Dear
In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion regarding whether you could serve as an advisory board member to the Foundation of Southern West Virginia. You stated that the Foundation was a nonprofit organization and that the primary function of the Foundation was to grant wishes to children with life threatening illnesses to enrich the human experience with hope, strength and joy. The request which you have made has been reviewed by the Commission.
To address the question which you have raised, the Commission reviewed the relevant sections of 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.
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:
May 21, 2001
Page Two
(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.
(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. . . .
Based upon the language contained in the relevant section of Canon 4, it is the opinion of the Commission that you could serve as an advisory board member to the Make a Wish Foundation of Southern West Virginia, so long as you did not solicit funds for that organization or use or permit the use of the prestige of your office for that purpose.
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,
Donald H. Cookman, Chairperson
Judicial Investigation Commission
DHC:nb
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