May a magistrate attend a free public defender conference, and may a magistrate assistant work a special election?
Apply this to your situation
This page answers the general question as of 2005. 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 about attending a 2005 Public Defender Conference without charge and about a magistrate assistant working at a special bond election. The Commission advised against conference attendance because the sponsoring organization paid admission, represented defendants, and regularly appeared before the courts. It also deemed poll work improper given the special election’s possible effect on future state-employee income or retirement benefits.
In practice
The conference holding rests on the sponsor’s representation of defendants before the courts and payment of the fee. The poll-work holding concerns the particular bond election and its possible effect on state-employee benefits.
Common questions
Q: Could the magistrate attend the described conference without charge?
A: The Commission advised against attendance because the sponsor represented defendants and regularly appeared before the courts.
Q: Could the magistrate assistant work at the special bond-election polls?
A: The Commission said that would be improper because the election could affect future state-employee payments.
Background and rules framework
The letter quoted former Canons 2A and 4A(1) on appearance of impropriety, public confidence, and conduct that casts doubt on impartiality. It also cited JIC opinions dated April 24, 1997, August 29, 1997, and March 23, 2001.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 2; Canon 2A; Canon 4; Canon 4A(1). Earlier JIC opinions cited: April 24, 1997; August 29, 1997; March 23, 2001.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2005-09, 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 9, 2005
Re: JIC Advisory Opinion 2005-09
Dear
In a recent request for an advisory opinion you asked whether it is a violation of the Code of Judicial Conduct for a magistrate to attend the 2005 Public Defender Conference. You attached a copy of a letter of invitation, registration form and banquet information which stated that the conference is to be held at Snowshoe Mountain Resort and can be attended without charge by any magistrate or circuit judge. You asked further in a second question whether a magistrate assistant could work at the polls during the special bond election in June.
To address the first question which you have raised, the language contained in Canon 2A and Canon 4A(1) of the Code of Judicial Conduct provide direction. Those Canons state in relevant part:
Canon 2. A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.
A. A judge shall respect and comply with the law, shall avoid impropriety and the appearance of impropriety in all of the judge’s activities, and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon 4. A judge shall so conduct the judge’s extra-judicial activities as to minimize the risk of conflict with judicial obligations.
May 9, 2005
Page Two
A. Extra-judicial activities in general. A judge shall conduct all of the judge’s extra-judicial activities so that they do not:
(1) cast reasonable doubt on the judge’s capacity to act impartially as a judge;...
The organization which is sponsoring the event and which will pay the admission fee for you represents defendants before the magistrate and circuit courts. Further, the organization appears regularly before courts in this jurisdiction. Based upon the foregoing the Commission is of the opinion that you should not attend the event which you have described in your request. See, JIC AO 4/24/97; 8/29/97; 3/23/01.
The Commission further reviewed your second question and felt that because of the special nature of the election which is being held in June, and the possibility that the success or failure of the election will effect future payments to state employees either to income or retirement benefits, it would be improper for the individual to work in this election.
It is hoped this opinion fully addresses the questions which you have raised. If there is 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
Enclosures: Advisory Opinions
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