May a West Virginia senior-status magistrate serve on a men’s shelter board?

Short answer West Virginia JIC Opinion 2006-13 permits the board service on the stated facts, including no known shelter cases in magistrate court, but bars the magistrate from raising funds for the shelter.
Bar
JUDICIAL-WV
Issued
December 19, 2006

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This page answers the general question as of 2006. 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 2006
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 Not binding precedent.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

A newly approved senior-status magistrate asked about serving on the board of a men’s shelter. The magistrate reported no known magistrate-court cases involving the shelter.

The Commission approved board service under former Canon 4’s civic and charitable activity provisions. It emphasized that the magistrate could not solicit or raise money for the shelter.

In practice

The approval relied on the representation that no shelter case had been filed in magistrate court. The quoted former Canon also restricted board service where the organization was likely to appear before the judge or regularly litigate in court.

Common questions

Q: Could the magistrate serve on the shelter board?

A: Yes, based on the described facts and no known shelter cases in magistrate court.

Q: Could the magistrate solicit funds for the shelter?

A: No. The Commission expressly prohibited fundraising for the shelter.

Q: What litigation condition did the quoted Canon contain?

A: It discouraged service where an organization was likely to appear before the judge or regularly engage in adversary court proceedings.

Background and rules framework

Former Canon 4C(3), quoted by the Commission, allowed charitable board service subject to limits concerning litigation before the judge and solicitation of funds, including use of judicial prestige for that purpose.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4C(3)(a)-(b).

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

December 19, 2006

JIC Advisory Opinion 2006-13

Dear Magistrate

Your request for an advisory opinion was reviewed by the Judicial Investigation Commission at its recent meeting. In your request you stated that you were recently approved as Senior Status Magistrate. You state that you have been asked to serve on the

Men’s Shelter Board of Directors located in , West Virginia. You asked whether as a Senior Status Magistrate there would be any issues with you . presiding on the Board at the Men’s Shelter.

To address the question, which you have raised, the Commission reviewed Canon 4, which 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.

C. Governmental, civic, or charitable activities.

Civic and charitable activities. - A judge may participate in civic and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of the judge’s judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members subject to the following limitations:

The Honorable
December 19, 2006
Page Two

(a) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.

(b) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of office for that purpose; but a judge may be listed as an officer, director, or trustee of such an organization, so long as the listing is not used for fund-raising purposes. A judge should not be a speaker or the guest of honor at any organization’s fund-raising events, but may attend such events. ...

Based upon a review of the relevant sections of Canon 4 and your representation in your letter that you are not aware of any cases that have been filed in magistrate court pertaining to the Men’s Shelter, it is the opinion of the Commission that you may serve on the Board of Directors at the Men’s Shelter. As the Canon states you may not solicit funds or raise money on behalf of the Shelter.

It is hoped that this opinion fully addresses the questions, which you have raised. If there is any further question regarding 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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