Could courthouse employees accept Christmas turkeys from a county commission?
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 county commission proposed giving Christmas turkeys to county and courthouse employees. A circuit judge asked whether judicial employees beyond the judge’s immediate staff could accept them.
The Commission concluded that the employees could accept the turkeys if former Canon 4D(5)(h) was followed. The quoted provision restricted gifts from donors whose interests had come or were likely to come before the judge and addressed reporting of gifts above its then-applicable threshold.
In practice
The opinion gave conditional permission to accept the proposed county turkeys. Its condition was compliance with the donor and reporting restrictions in the former Canon quoted by the letter.
Common questions
Q: Could courthouse employees accept the turkeys?
A: Yes, if the restrictions of former Canon 4D(5)(h) were followed.
Q: What donor restriction did the quoted Canon impose?
A: The donor could not be a party or other person whose interests had come or were likely to come before the judge.
Q: Did the letter address family court judges?
A: The request expressly excluded a specific opinion about family judges in the county.
Background and rules framework
Former Canon 4D(5)(h) governed gifts to judges and staff under their direction, including limits tied to the donor’s likely appearance before the judge. The letter quoted the former reporting threshold and commentary concerning gifts from lawyers and their clients.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4D(5)(h) and commentary.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2005-23, 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
December 19, 2005
Re: JIC Advisory Opinion 2005-23
Dear
In a recent letter to Counsel you asked for an advisory opinion. In that letter you stated that the : .County Commission has indicated that it wishes to give Christmas turkeys to all county employees, and to judicial employees situated in the County Courthouse. You stated that you and at least one other Circuit Judge question whether or not this would be proper. You said that you did not have much doubt about a circuit judge or a direct member of the judge’s staff receiving such a gift, but do question whether or not it would be proper for any other employees paid by the Administrative Office. Those employees would include: Magistrate Court Employees; Probation Department Employees; Juvenile Referee Employees; Law Librarian; Court Administrator and Circuit Court Employees. You stated that you were not requesting specifically for an advisory opinion regarding Family Judges in County.
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. - (5) A judge shall not accept, or knowingly permit staff, court officials, and others subject to the judge’s direction and control to accept, and should urge members of the judge’s household, not to accept a gift, bequest, favor, or loan from anyone except for:
December 19, 2005
Page Two
(h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and, if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 4H.
The Commentary to that section of Canon 4 states:
Commentary - Section 4D(5)(h) prohibits judges from accepting gifts, favors, bequests, or loans from lawyers or their firms if they have come or are likely to come before the judge; it also prohibits gifts, favors, bequests, or loans from clients of lawyers or their firms when the clients’ interests have come or are likely
to come before the judge.
Based upon the language set forth in the above quoted section of Canon 4, it is the opinion of the Commission that the employees could accept the turkeys if the prohibitions set forth in Canon 4D(5)(h) are followed.
It is hoped that this opinion fully addresses the questions which you have raised. If there are any further questions 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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