May a family court judge accept nomination to the governor-appointed Archives and History Commission?

Short answer West Virginia JIC Opinion 2007-22 advises against nomination because service could violate West Virginia Constitution article VIII, section 7’s restriction on other public offices or appointments.
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JUDICIAL-WV
Issued
October 31, 2007

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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.

Currency note: this opinion is from 2007
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 Not binding precedent.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 family court judge was invited to seek appointment to the state Archives and History Commission, whose members were appointed by the Governor with Senate advice and consent.

The JIC advised against accepting the nomination. It reasoned that the position could be another office or appointment of public trust barred by West Virginia Constitution article VIII, section 7.

In practice

The opinion focuses on the governmental appointment structure and uses a constitutional restriction, rather than a numbered Judicial Code Canon.

Common questions

Q: Could the judge accept the nomination?

A: The Commission advised against it.

Q: Why?

A: The governor-appointed seat could be another office or appointment of public trust under article VIII, section 7.

Q: What authority controlled the answer?

A: West Virginia Constitution article VIII, section 7.

Background and rules framework

West Virginia Constitution article VIII, section 7 bars justices, judges, and magistrates from holding another office or accepting another appointment of public trust under government.

Citations and references

West Virginia Constitution: article VIII, section 7.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

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JUDICIAL INVESTIGATION COMMISSION
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 * FAX (304) 558-0831

October 31, 2007

Re: JIC Advisory Opinion 2007-22

Dear

In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. You stated that you have been asked by the local County Historical Society to submit your name for possible appointment to the West Virginia Archives and History Commission. You attached the Blue Book page describing the Archives and History Commission. That page said that the Archives and History Commission shall be composed of thirteen members appointed by the Governor, by and with the advice and consent of the Senate. You indicated that as a long-time amateur historian you are interested in serving on the Commission. You asked whether service on the Commission would be a violation of any of the Canons of judicial ethics. You also asked whether your position as Family Court Judge, in any way, prevented your service on the Commission.

To address the question which you have raised, the Commission reviewed the Constitution of West Virginia, Article VIII, § 7. This section of the State Constitution states in relevant part.

No justice, judge or magistrate shall hold any other office, or accept any other appointment for public trust, under this or any other government; .. .

October 31, 2007
Page Two

Based upon the description of the Archives and History Commission and the manner in which members are placed on the Commission, it is the opinion of the Judicial Investigation Commission you may violate the Constitution of West Virginia, Article VIII, § 7 by accepting a nomination to the Commission which could constitute another office or appointment or public trust. For these reasons, it is the opinion of the Commission that you should not accept a nomination to that position.

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

Commission.

[signature]
Fred L. Fox, II, Chairperson
Judicial Investigation Commission

FLF,II:nb

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