May a West Virginia judicial officer appear in a police department’s educational video showing an initial court appearance after an underage drinking arrest?
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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 city police department asked a judicial officer to take part in an educational video about underage drinking by portraying an initial appearance after an arrest. The request noted that the same department appeared regularly in the officer’s court.
The Commission applied former Canon 4B’s allowance for law-related educational activities and approved the described video appearance as an effort to educate the public about the legal system and administration of justice.
In practice
The approval addressed the described educational video and the proposed initial-appearance segment. The letter did not identify a separate condition arising from the department’s regular court appearances.
Common questions
Q: Could the judicial officer appear in the video?
A: Yes. The Commission approved the described educational appearance.
Q: Did regular police appearances in the court bar participation?
A: The request raised that concern, but the Commission permitted the appearance.
Q: What rationale did the Commission give?
A: The video appearance would educate the public about the legal system and administration of justice.
Background and rules framework
Former Canon 4B, quoted in the opinion, allowed judges to speak, teach, and participate in outside activities about law, the legal system, and administration of justice, subject to the Code.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4; Canon 4B.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2007-04, 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
March 26, 2007
Re: JIC Advisory Opinion 2007-04
Dear
In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. In that correspondence you stated that the City Police Department has asked you to participate in a video that they plan to do for educational purposes in reference to underage drinking. The video would show the dangers of underage drinking and what happens if arrested. They want you to do the initial appearance after the “said arrest.” It is your understanding that the program is paid for by a Governor’s Grant particularly called the Basic Program which requires the underage drinker to take classes as well as do community service. You asked whether your appearance in the video would be an ethics violation since the City Police do appear in your court on a regular basis.
In reviewing your request and addressing the concerns that you have raised, the Commission reviewed relevant portions of Canon 4 of the Code of Judicial Conduct. That Canon 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.
B. Avocational activities. - A judge may speak, write, lecture, teach, and participate in other extra-judicial activities concerning the law, the legal system, the administration of justice, and non-legal subjects, subject to the requirements of this Code.
March 26, 2007
Page Two
Based upon the language contained in this section of Canon 4, it is the opinion of the Commission that you could engage in the activities you described in your correspondence. Your appearance in the video would be permitted since it would be an effort on your part to educate the public about the legal system and the administration of
justice.
It is hoped that this opinion fully addressed 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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