May a judge and a lawyer appearing before the judge join the same nonprofit fishing club?
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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 circuit judge and a lawyer who appeared before the judge proposed to join a nonprofit fishing club as minority shareholders. The request described no club income, salary, fee, or financial benefit between them, and anticipated that they would use the property at different times. The Commission concluded that their described relationship fell outside former Canon 4D’s financial-dealings restriction. It said the judge could participate and the lawyer or any member of the firm could continue appearing before the judge.
In practice
The permission rests on the club’s stated nonprofit operation, lack of financial benefit between judge and lawyer, and anticipated separate use of the property.
Common questions
Q: Could the judge join the described club?
A: Yes. The Commission said the judge would not be barred from participating.
Q: Could the lawyer or firm continue appearing before the judge?
A: Yes, on the facts described in the request.
Q: Did the Commission identify any financial benefit between them?
A: No. The request stated that no such benefit would be derived from the club.
Background and rules framework
The letter quoted former Canon 4D(1), which addressed financial dealings perceived to exploit judicial office or involving continuing business relationships with lawyers likely to come before the court.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4D(1)(a)-(b).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2005-18, 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
September 12, 2005
Re: JIC Advisory Opinion 2005-18
Dear
In a recent letter to counsel you asked for an advisory opinion. You stated in that letter that a circuit judge and an attorney who practices before him propose to join a fishing club located on a trout stream in a rural county. For ease of operation the club is organized as a nonprofit corporation. The judge and lawyer will each acquire stock in the corporation to participate. The judge and lawyer will be minority shareholders in the recreational venture. Once the transaction is completed there will be three or four stockholders in the corporation, with perhaps more to be added in the future. Because the corporation is not for profit, no rent, royalties or income of any kind will be generated by the organization, and no officer or stockholder will be paid a salary or fee. No financial benefit will be derived from the club that would operate between lawyer and judge. A yearly charge will be assessed to members for upkeep, taxes and maintenance of the property. It is not anticipated that the judge and lawyer will use the property at the same time. You asked whether Canon 4, or any other provision of the Code Judicial Conduct would operate to preclude the lawyer from appearing before the circuit judge. .
To address the question which you have raised, the Commission has reviewed Canon 4 of the Code of Judicial Conduct. 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.
D. Financial activities. - (1) A judge shall not engage in financial and business dealings that:
September 12, 2005
Page Two
(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.
The structure of the club which you describe in your correspondence and any relationship which you may with an attorney in that club does not fall within the language contained in Canon 4D. As you state in your correspondence the club is organized as a nonprofit corporation and each member will acquire stock in the corporation to participate. There will be no rent, royalties or income of any kind generated by the organization and no other officer or stockholder will be paid a salary or a fee. No financial benefit could be derived from the club that would operate between the lawyer or the judge. It is anticipated that the judge and lawyer will use the property at different times.
Because the club which you described in your correspondence and any relationship which may exist between a circuit judge and lawyer falls outside the language contained in Canon 4D, it is the opinion of the Commission that the judge would not be barred from participating in the club, nor would the lawyer or any member of his firm be precluded from appearing before the judge.
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.
Very truly yours,
Fred L. Fox, II, Chairperson
Judicial Investigation Commission
FLF,II:nb
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