May a judge hire a frequent child-support litigant in the judge’s court to work at home?
Apply this to your situation
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.
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
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2004-21, 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
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
What do the rules say today, for your facts?
This opinion is from 2004. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace