May a domestic violence organization hold an appreciation luncheon at the court for magistrate and family court staff?

Short answer West Virginia JIC Opinion 2005-20 says an RDVIC appreciation luncheon at the court for magistrate and family court employees would create an appearance of impropriety.
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JUDICIAL-WV
Issued
October 31, 2005

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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.

Currency note: this opinion is from 2005
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 Not binding precedent.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

The Rape and Domestic Violence Information Center proposed an appreciation luncheon at Magistrate Court for magistrate and family court employees during Domestic Violence Month, with no presentations to staff. The Commission concluded that, given RDVIC’s makeup and goals, a luncheon held by that group at the court for those employees would create an appearance of impropriety.

In practice

The opinion addressed the proposed on-site appreciation luncheon for court employees; its conclusion rested on the group’s makeup and goals.

Common questions

Q: Could RDVIC hold the proposed courthouse luncheon?

A: The Commission said it would create an appearance of impropriety.

Q: Would the absence of presentations to staff change the stated conclusion?

A: The request specified no presentations, and the Commission still found an appearance of impropriety.

Background and rules framework

The letter framed the request under the West Virginia Code of Judicial Conduct and applied an appearance-of-impropriety standard without citing a numbered canon.

Citations and references

West Virginia Code of Judicial Conduct (former): cited generally, with no numbered canon identified.

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

October 31, 2005

Re: JIC Advisory Opinion 2005-20

Dear

In a recent letter to Counsel you asked for an advisory opinion. In that you stated that October was Domestic Violence Month and the RDVIC (Rape and Domestic Violence Information Center) would like to have a luncheon at the Magistrate Court for the employees of the Magistrate and Family Court. It would be an appreciation luncheon and there would be no presentations made to staff. You asked whether this would be permitted under the Code of Judicial Conduct.

The Commission has reviewed your request at its recent meeting. Given the make up and goals of the RDVIC, it would be the opinion of the Commission that an appearance of impropriety would be created if that group were to have a luncheon at the court for the employees of the Magistrate and Family Court.

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

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

FLF,II:nb

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