May a judge tell legislators about a supervised-visitation center and organize a CLE fundraiser for it?
Apply this to your situation
This page answers the general question as of 2007. 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 judge wanted to tell legislators about a monitored-visitation center that served the court and also organize a continuing legal education seminar whose proceeds would benefit it.
The Commission permitted explaining the center’s nature and importance to the Legislature as a matter relating to the administration of justice. It said the judge should not solicit funds and should not organize the benefit CLE because that would amount to fundraising through judicial office.
In practice
The opinion separated information about the center’s connection to the court from fundraising for it. The proposed CLE benefit fell on the fundraising side of that distinction.
Common questions
Q: Could the judge tell legislators about the center?
A: Yes, as it related to administration of justice from the judge’s court.
Q: Could the judge solicit funds for the center?
A: No. The Commission said the judge should not solicit funds.
Q: Could the judge organize the proposed benefit CLE?
A: No. The Commission considered that fundraising and use of judicial office for the center.
Background and rules framework
Former Canon 4C(1), quoted in the letter, allowed judges to consult legislators on matters concerning law and administration of justice. Former Canon 4C(3)(b) prohibited fundraising solicitation and use of judicial prestige for it.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4A; Canon 4C(1); Canon 4C(3)(b).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2007-01, 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
January 22, 2007
Re: JIC Advisory Opinion 2007-01
Dear Judge
In a recent request to the Judicial Investigation Commission you asked for an advisory opinion. In the letter you asked whether you could appear before or inform the Legislature of the importance of the Visitation Center. This Center is one of those providing a safe place for parents to have monitored visitation with their children. The Center is seeking funding and you are interested in assuring the continuation of the services provided by it.
You also stated that you are attempting to put together a continuing legal education seminar for the benefit of the Visitation Center in February. The proceeds from this seminar would benefit the Center. You asked whether you could appear before or inform the Legislature about the importance of the ' Visitation Center, and whether you could sponsor a continuing legal education seminar for the benefit of the Visitation Center.
To address the inquiry, which you have made, the Commission has reviewed Canon 4 of the Code of Judicial Conduct, 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.
January 22, 2007
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; (2) demean the judicial office; or (3) interfere with the proper performance of judicial duties.
C. Governmental, civic, or charitable activities. — (1) Governmental activities. A judge may appear at a public hearing before, or otherwise consult with, an executive or legislative body or official on matters concerning the law, the legal system, or the administration of justice or when acting pro se in a matter involving the judge or the judge’s interest, subject to the requirements of this Code.
(3) 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. ...
(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; .
Based upon the language contained in these sections of Canon 4, it is the opinion of the Judicial Investigation Commission that you could inform the Legislature about the nature and importance of the Center as it relates to the administration of justice from your court since the Center provides a safe place for monitored visitation. You should not solicit funds for the Center. The Commission feels it would not be appropriate for you to organize a continuing legal education seminar for the benefit of the Tri-County Visitation Center since this would amount to soliciting funds for the Center and using your office
for that purpose.
It is hoped that this opinion fully addresses the questions, which you have raised. If you have any further question regarding these matters do not hesitate to contact the
Commission.
Very truly yours,
Fred L. Fox, II, Chairperson
Judicial Investigation Commission
FLF,II:nb
What do the rules say today, for your facts?
This opinion is from 2007. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace