How did the JIC address a magistrate’s former clients, music nonprofit board, and remaining law practice?
Apply this to your situation
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 magistrate asked three questions. For former clients appearing for weekend or night initial appearances, the Commission directed use of the county procedure for another magistrate. It allowed continued service on a traditional music and dance nonprofit board so long as the magistrate did no fundraising. For the scope of any continuing legal practice, it advised conferring with the chief circuit judge and offered to review remaining questions afterward.
In practice
The opinion gave distinct answers to the three requests; it did not decide the permitted scope of the magistrate’s continued law practice.
Common questions
Q: Who should handle initial appearances for former clients?
A: The Commission directed use of procedures to have another magistrate handle them.
Q: Could the magistrate stay on the nonprofit board?
A: Yes, if the magistrate avoided fundraising.
Q: Did the Commission decide what law practice could continue?
A: No. It directed the magistrate to confer first with the chief circuit judge.
Background and rules framework
The letter applied former Canon 3E(1) and its disclosure commentary to former-client appearances, and former Canon 4C(3) to civic board service and fundraising.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 3E(1) and commentary; Canon 4C(3)(a)-(b). Earlier JIC opinion forwarded: March 16, 1999.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2003-07, 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
May 7, 2003
Re: JIC Advisory Opinion 2003-07
Dear
In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. The Commission has reviewed your request at a recent meeting. In your letter you asked three basic questions: (1) what possible conflicts would you have when former clients appear before you as magistrate and your obligations regarding recusal if a former client is arrested and brought to you for an initial appearance while you are conducting court at night or on a weekend; (2) the propriety of you continuing to serve on the Board of Directors of
_a nonprofit volunteer organization whose mission is “to promote traditional music and dance in the Kanawha Valley”; and (3) whether you may continue to practice law under the provisions of Article VIII, Section 7 of the West Virginia Constitution.
To address the questions which you have raised, the Commission has forwarded to you a prior advisory opinion issued by the Commission regarding your requirements for disqualification when former clients appear before you. See, JIC Advisory Opinion March 16, 1999. To address the additional question which you have raised regarding your obligation to recuse yourself if you are conducting court on the weekend or at night when a former client may appear before you, the Commission has reviewed the relevant sections of Canon 3E of the Code of Judicial Conduct. That Canon says in relevant part:
Canon 3. A judge shall perform the duties of judicial office impartially and diligently. :
May 7, 2003
Page Two
E. Disqualification. - (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned. .. .
The commentary to that Canon states “A judge should disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no real basis for disqualification.” It is the understanding of the Commission that the Kanawha County Magistrate Court has a mechanism for situations if a magistrate has a conflict or cannot otherwise perform his or her judicial duties. Because of the number of judicial officers available in Kanawha County, it is the opinion of the Commission that you must utilize the procedures to have another magistrate conduct initial appearances for former clients who may appear before you on the weekends or at night.
To address the question which you have raised about your continued service on the Board of Directors of , the Commission has reviewed relevant portions of Canon 4. 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:
(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 the 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.
May 7, 2003
Page Two
Based upon the activities of the organization set forth in your letter and the language contained in Canon 4, it is the opinion of the Commission that you could continue to serve on the
Board of Directors of so long as you do not involve yourself in any fundraising activities.
It is the feeling of the Commission that in order for you to determine what activities, if any, you may continue to engage in as an attorney you should confer with the Chief Circuit Judge of County. If the issue cannot be addressed after a conference with the Chief Circuit
Judge, the Commission will be happy to review any questions which may arise concerning that situation.
It is hoped that this opinion fully addresses the questions which you have raised. If you have any further question regarding these matters do not hesitate to contact the Commission.
Very truly yours,
Donald H. Cookman, Chairperson
Judicial Investigation Commission
DHC:nb
Enclosure
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