Was a $75 cash door prize won at an event a gift regulated by the Judicial Code?
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This page answers the general question as of 2003. 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 attended an event where everyone received a door prize ticket. Roughly sixteen tickets were drawn from two to three hundred, and the judge won $75 cash.
The Commission reviewed former Canon 4D(5) and concluded that this door prize was outside the Code’s gift provision. The official index and PDF filename identify the item as 2003-03, while its printed header says “2003-04.”
Currency note
This opinion was issued in 2003, 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: Was the $75 random prize treated as a Code gift?
A: No. The Commission found the described prize outside the gift provision.
Q: What selection process mattered?
A: Every attendee received a ticket and winners were drawn randomly.
Background and rules framework
The Commission evaluated the prize under former Canon 4D(5), the Code’s gift provision.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4D(5), gifts.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2003-03, 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
March 10, 2003
Re: JIC Advisory Opinion 2003-04
Dear
Your recent letter to the Judicial Investigation Commission requesting an advisory opinion has been reviewed by the Commission. In that correspondence you stated that you attended a recent event and that a door prize ticket was provided to everyone in attendance. At the conclusion of the meeting, approximately 16 tickets were randomly selected from the two to three hundred total number of tickets. A door prize was given to each of the 16 ticket holders drawn. The door prizes ranged in value from $50 to $500. You stated that your ticket was pulled and the door prize given to you was $75 cash. You asked whether such prize must be treated as a gift as discussed in the Code of Judicial Conduct.
After reviewing your request and the relevant sections of Canon 4D(5) it is the opinion of the Commission that the door prize which you define in your letter does not fall within the scope of the Code of Judicial Conduct.
It is hoped that this opinion fully addresses the question which you have raised. If you have any fi.uther question regarding this matter do not hesitate to contact the Commission.
Donald H. Cookman, Chairperson
Judicial Investigation Commission
DI-IC:nb
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