Could a magistrate put a telephone-number list and judicial title on a restaurant placemat?

Plain-English summary

A magistrate proposed placing a list of frequently used telephone numbers on a restaurant placemat with a public-service credit identifying the magistrate by office. The Commission reviewed former Canon 2B's prohibition on lending judicial prestige to private interests.

It allowed the list if the magistrate omitted the judicial title and any other judicial identification. The magistrate could include a name without indicating the office. The letter also cited two earlier JIC advisory opinions by date.

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 magistrate publish the telephone-number list?

A: Yes, if the placemat did not identify the magistrate's position or carry other judicial identification.

Q: Could the magistrate include a name?

A: Yes. The Commission allowed the name without any indication of the magistrate's office.

Background and rules framework

The letter applied former Canon 2B of the West Virginia Code of Judicial Conduct, particularly its restriction on lending the prestige of judicial office to advance private interests.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 2B.

Other opinions cited: JIC Advisory Opinion June 6, 1996; JIC Advisory Opinion August 30, 1999.

See also

• WV JIC Advisory Opinion 2001-14

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2001-15, redacted
• Code adoption date: West Virginia JIC 2015 Annual Report

The index labels this PDF link “2001-05”; the linked letter itself is headed “JIC Advisory Opinion 2001-15.”

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

July 5, 2001

Re: JIC Advisory Opinion 2001-15

Dear

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. In that request you asked whether you could provide a list of frequently used telephone numbers on a place mat in a restaurant and state at the bottom of the telephone number list, “Provided as a Public Service by Magistrate

The Commission reviewed Canon 2 of the Code of Judicial Conduct to address your inquiry. That Canon provides in relevant part:

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 judgement. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; . . .

After reviewing this language, it is the opinion of the Commission that you may provide the frequently used telephone numbers list on the place mat, if you do not identify yourself as a magistrate or place any judicial identification on the item. You could place your name without any indication of your position as magistrate. See, JIC Advisory Opinion June 6, 1996; JIC Advisory Opinion August 30, 1999. These opinions have been enclosed for your review.

July 5, 2001
Page Two

If there is any further question regarding this matter do no hesitate to contact the Commission.

Very truly yours,

Donald H. Cookman, Chairperson

DHC:nb

Enclosures