Could a judge explain court procedures in a child-support enforcement training video?

Short answer West Virginia JIC Opinion 2004-03 allowed the judge to participate in the described training video under former Canon 4.
Bar
JUDICIAL-WV
Issued
February 6, 2004

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This page answers the general question as of 2004. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2004
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge proposed appearing in a training video for the state Bureau for Child Support Enforcement to explain procedures in the judge’s court and the documents or evidence needed in those proceedings. The Commission reviewed former Canon 4 and its commentary on judges’ contributions to improving the legal system. It concluded the judge could participate in the described video.

In practice

The opinion concerned an instructional video describing court procedures and required documents, as described by the requesting judge.

Common questions

Q: Could the judge take part in the video?

A: Yes. The Commission allowed participation in the described video.

Q: Which provision did the Commission review?

A: It reviewed former Canon 4, including Canon 4B on speaking and teaching about law and the legal system.

Background and rules framework

The letter quoted former Canon 4B’s permission for judges to speak, lecture, and teach about law and the administration of justice.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4B.

See also

Source

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

February 6, 2004

Re: JIC Advisory Opinion 2004-03

Dear

In a recent letter to the Judicial Investigation Commission you asked whether you could be a participant in a training video to be utilized by the Department of Health and Human Resources, Bureau for Child Support Enforcement. You stated that you believed this would qualify as working toward the improvement of the court system. You further stated that in the video you would be explaining the court procedures followed in your court, as well as what documents and other evidence would be required in procedures conducted before your court.

The Commission has reviewed your request and reviewed the relevant sections of Canon 4 to issue this opinion. Canon 4 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.

B. Avocational activities. - A judge may speak, write, lecture, teach, and participate in other extra-judicial activities concerning the law, the legal system, the administration of justice, and non-legal subjects, subject to the requirements of this Code.

The commentary to this Canon states among other things that as a judicial officer and person especially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system and the administration of justice. It further states that judges are encouraged to the extent that time permits, either independently or through a bar association, judicial conference or other organization dedicated to the improvement of the law to participate in efforts to promote the fair administration of Justice.

February 6, 2004
Page Two

Based upon the information which you have provided to the Commission and the relevant sections of Canon 4, it is the opinion of the Commission that you could participate in a training video to be utilized by the Department of Health and Human Resources, Bureau for Child Support Enforcement. If there is any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

ances

Fred L. Fox, II, Chairperson
Judicial Investigation Commission

FLF,II:nb

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