May a judge join the Daughters of the American Revolution under former Canon 2C?
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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 judge asked whether membership in the Daughters of the American Revolution violated the Code’s restriction on membership in organizations practicing invidious discrimination.
The Commission reviewed former Canon 2C and the organization’s stated lineage criteria and description, including its statement that it did not discriminate on race or religion. It advised that the judge could join.
In practice
The advice rests on the organization description and membership criteria as presented in 2007; it is a source-specific application of former Canon 2C.
Common questions
Q: Could the judge join the organization?
A: Yes, according to the Commission.
Q: What provision governed?
A: Former Canon 2C concerning organizations that practice invidious discrimination.
Q: What facts did the Commission consider?
A: The organization’s stated lineage criteria and description, including its statement about race and religion.
Background and rules framework
Former Canon 2C barred membership in organizations practicing invidious discrimination based on race, sex, religion, or national origin and included exceptions for certain cultural or private associations.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 2C.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2007-26, 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
November 6, 2007
Re: JIC Advisory Opinion 2007-26
Dear
In recent correspondence to the Judicial Investigation Commission you asked for an advisory opinion. You stated that you had been asked to join the Daughters of the American Revolution Organization. You asked whether there is any ethical prohibition against you doing so.
To address the question which you have raised, the Commission has reviewed Canon 2C of the Code of Judicial Conduct. This Canon states:
Canon 2. A judge shall avoid the impropriety and the appearance of impropriety in all of the judge’s activities.
C. A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. For the purposes of this Canon, an “organization, which practices invidious discrimination” shall mean any organization, which arbitrarily excludes persons from membership upon the basis of race, sex, religion, or national origin. The term “organization” shall not include, however, an association of individuals dedicated to the preservation of religious, ethnic, historical, or cultural values of legitimate common interest to its members; or an intimate, distinctly private association of persons whose membership limitations would be entitled to constitutional protection.
November 6, 2007
Page Two
The Daughters of the American Revolution is described as “a lineage-based membership organization of women dedicated to promoting historic preservation, education, and patriotism.” It states that the DAR does not discriminate based on race or religion, and welcomes all women with a provable bloodline to revolutionary ancestors.
Based upon the description of the Daughters of the American Revolution Organization and its membership criteria, as well as a review of the language contained in Canon 2C of the Code of Judicial Conduct, it is the opinion of the Commission that you could join the Daughters of the American Revolution Organization.
It is hoped that this opinion fully addresses the question that you have raised, if there is any further question regarding this matter do not hesitate to contact the
Commission.
Very truly yours,
[signature]
Fred L. Fox, Il, Chairperson
Judicial Investigation Commission
FLF,II:nb
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