May a judge rent a personal cottage to a probation officer who works in the judge’s court?

Plain-English summary

A judge asked whether they could rent a personal cottage to a probation officer who wanted to live closer to work. The judge said they were not in the rental business and would charge roughly what the officer already paid in rent. After quoting former Canon 4D(1), the Commission concluded that the described probation officer did not fall within its prohibited business-relationship categories and permitted the rental.

In practice

The opinion permits this cottage rental to the described probation officer under the Commission’s application of former Canon 4D(1).

Common questions

Q: Could the judge rent the cottage to the probation officer?

A: Yes. The Commission said the judge could do so.

Q: What rule did the Commission apply?

A: Former Canon 4D(1), concerning financial dealings and continuing business relationships.

Background and rules framework

The letter quoted former Canon 4D(1)(a)-(b) on perceived exploitation of judicial position and business relationships with lawyers or others likely to come before the judge.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4D(1)(a)-(b).

See also

• WV JIC Advisory Opinion 2005-05
• WV JIC Advisory Opinion 2009-03

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2005-04, 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

February 23, 2005

Re: JIC Advisory Opinion 2005-04

Dear

In recent correspondence to the Commission you asked for an advisory opinion. In that letter you stated that a young, single probation officer who works out of the office, but who has to live in County because rent is so high in, County, would like to live closer to because he is very proactive in supervising his probationers. You stated that you are not engaged in the real estate rental business but that you do own a little cottage on the : about ten minutes from that would probably suit him well. This man is one of the best probation officers you have and you have a fear that you may lose him to the federal system or to neighboring or 1. You are willing to rent your cottage to him for roughly the same cost as he is paying in ‘County. You asked whether such an arrangement would be offensive to the Code of Judicial Conduct.

To address the question which you have raised, the Commission has reviewed relevant sections of Canon 4 of the Code of Judicial Conduct. Those sections state as follows:

Canon 4. A judge shall so conduct the judge’s extra-judicial activities as to minimize the risk of conflict with judicial obligations.

D. Financial activities. - (1) A judge shall not engage in financial and business

dealings that:

(a) may reasonably be perceived to exploit the judge’s judicial position, or

(b) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves.

February 23, 2005
Page Two

This section of the Code of Judicial Conduct defines some of the business relationships a judge is prohibited from forming. The individual which you describe in your correspondence does not fall within either category set forth in Canon 4D(b). For those reasons it is the opinion of the Commission that you may rent your cottage to the probation officer.

It is hoped that this opinion fully addresses the question which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Fred L. Fox, II, Chairperson
Judicial Investigation Commission

FLF,II:nb