May a judge hire a frequent child-support litigant in the judge’s court to work at home?

Short answer West Virginia JIC Opinion 2004-21 advises against employing the frequent litigant for home work under former Canon 2’s appearance-of-impropriety standard.
Bar
JUDICIAL-WV
Issued
July 20, 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 Not binding precedent.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 wanted to hire a person for one or two weeks of work around the judge’s home. The person frequently litigated child-support arrears in the judge’s court. Citing former Canon 2, the Commission’s consensus was that the judge should not employ him because of his frequent appearances. The letter notes that members who thought the work could be allowed still believed recusal would be necessary.

In practice

The Commission rejected this proposed employment because the worker was a frequent litigant in the judge’s own court.

Common questions

Q: Could the judge hire the litigant?

A: The Commission’s consensus was no.

Q: What did members favoring the hire say about recusal?

A: They still thought the judge would need to recuse in the litigant’s matters.

Background and rules framework

The letter applied former Canon 2’s duty to avoid impropriety and its appearance in all judicial activities.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 2.

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

July 20, 2004
JIC Advisory Opinion 2004-21

Dear Judge

In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. In that letter you stated you were asked by a young man if you needed work done around your house and you stated that you did. You stated that the young man is a good laborer and you would like to hire him for work that may take a week or two to complete. You stated that he is a frequent litigant in your court because of his child support arrears. He is currently paying child support and making progress on the arrears. You asked whether it would be proper to hire him.

The Commission, has reviewed your request and based on the requirement in Canon 2 that a judge avoid impropriety and the appearance of impropriety in all of the judge’s activities, decided that it would not be appropriate for you to employ this person who is a frequent litigant in your court. The members who felt that it would be okay to employ the individual still felt that you must recuse yourself in that event. The consensus of the Commission was however, that you should not employ this individual because he is a frequent litigant in your court.

If you have any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,
Fred L. Fox, II, Chairperson
Judicial Investigation Commission

FLF,II:nb

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