Could a magistrate discuss incidents involving the magistrate's brother and police with an attorney?
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 magistrate's brother had sued a city after an arrest at a council meeting. The magistrate described comments by police officers about the brother's lawsuit and the magistrate's court. The brother wanted the magistrate to speak with his attorney about those incidents.
The Commission said the magistrate could discuss the matters with an attorney. It added that the magistrate would be recused from hearing any case directly involved in the incidents. The letter cited no specific canon for those conclusions.
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 discuss the incidents with an attorney?
A: Yes. The Commission expressly said the magistrate could do so.
Q: What if a case directly involved those incidents?
A: The Commission said the magistrate would be recused from hearing it.
Background and rules framework
The Commission addressed the magistrate's proposed discussion with an attorney and recusal from directly involved cases. The letter did not cite a numbered provision of the then-current Code of Judicial Conduct.
Citations and references
No numbered canon, statute, case or other opinion is cited in the letter.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2001-21, 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
November 16, 2001
Re: JIC Advisory Opinion 2001-21
Dear
Your recent correspondence to the Judicial Investigation Commission was reviewed by the Commission at its last meeting. In that letter you stated that your brother has attended city council meetings for many years and has been a vocal critic of some of the city's policies. You stated that in May 2000, he was arrested by a
City Police Officer, physically removed from the public meeting and charged with disorderly conduct. He now has a pending law suit against the city for false arrest and violating his rights.
You stated that in October of this year a defendant was brought before your court by a Police Office and asked to be bonded out. You stated that he was actually released on bond in front of another magistrate after he served required jail time. When you excused yourself from the office for a few minutes, your assistant heard the officer say that he would not come to your court again. On a later day the same defendant saw you on the street in and told you about the evening of his arrest after you had left your office. He said he was jerked down the hall and yelled at by the officer for asking for a bond. He said the officer told him that he would be out on bond because Magistrate brother has a law suit against the city and that the officer would not be treated fairly in your court.
Later that same day, the defendant was brought into your office under arrest by another officer. While in your court, the officer stated to you that you had better tell your brother to fix the taillight on his truck and get it inspected. You stated that your brother wanted you to speak to his attorney about these incidents.
November 16, 2001
Page Two
After reviewing your correspondence, it is the Commission's opinion that you could discuss these matters with an attorney. Obviously, in any case directly involved in the instances you would be recused from hearing the matter. If you have any further question concerning these matters do not hesitate to contact the Commission.
Very truly yours,
Donald H. Cookman, Chairperson
Judicial Investigation Commission
DHC:nb
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