Could a family court judges' association collect member donations to retain a legislative representative?
Apply this to your situation
This page answers the general question as of 2002. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
The West Virginia Family Court Association asked whether it could collect voluntary donations from its judges to retain a registered legislative representative for the 2003 session. The Commission applied former Canon 4C(2) and permitted member donations, but said solicitation outside the association was prohibited. It found no prohibition on retaining the representative for the stated purposes.
In practice
The opinion limited the permitted solicitation to voluntary contributions from association members. It tied the outside-solicitation ban to Canon 4C(2)'s restriction on judges personally participating in fundraising.
Common questions
Q: Could the association collect donations for a legislative representative?
A: Yes, if contributions were voluntary and solicited only from its members.
Q: Did the Commission object to retaining the representative?
A: It found no prohibition on employing one for the purposes described in the request.
Background and rules framework
The letter applied former Canon 4C(2) of the West Virginia Code of Judicial Conduct. It also identified Texas Judicial Ethics Commission Opinion No. 201 as an opinion that, in the Commission's description, implicitly approved a judicial association hiring a lobbyist.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4C(2).
Other opinions cited: Texas Judicial Ethics Commission Opinion No. 201, on a judicial association's legislative advocacy.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2002-25, redacted
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
October 1, 2002
Re: JIC Advisory Opinion 2002-25
Dear
You have recently written a letter to the Judicial Investigation Commission in your capacity as of the Family Court Association. In that correspondence you stated that members of the West Virginia Family Court Association have requested an advisory opinion regarding the ability of the Association to collect voluntary donations from its members to retain a legislative representative. You stated that the Family Court Association is comprised of 35 Family Court Judges seated in 26 circuits throughout the state. In order to effectively convey to elected officials the needs of the emerging family court system, the Family Court Association would like to explore soliciting voluntary contributions from only its members for the purpose of retaining a representative for the 2003 legislative session. The representative would be duly registered in compliance with the requirements of the West Virginia Ethics Commission and would comply with all applicable regulations governing legislative lobbyists.
After reviewing the relevant portions of Canon 4, particularly Canon 4C(2), it is the opinion of the Commission that the Family Court Association could solicit voluntary donations from its members. Any solicitation outside the membership of the association would be prohibited by Canon 4C(2) which prohibits a judge from personally participating in fund-raising activities. The Commission would stress that the solicitation should be voluntary in nature and conducted only with members of the Family Court Association.
October 1, 2002
Page Two
The Commission could find only one advisory opinion regarding the propriety of hiring a lobbyist to assist a judicial association's efforts before the legislature. In Texas, the Judicial Ethics Commission issued Opinion No. 201 which at least implicity approves such activity. A copy of this opinion is attached hereto. The Judicial Investigation Commission can find no prohibition against the employment of a legislative representative for purposes which you describe in your correspondence.
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
Enclosure
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