What disclosure or recusal is required after a judge vacations with a lawyer who appears before the judge?
Apply this to your situation
This page answers the general question as of 2008. 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 family court judge who was becoming a circuit judge planned a vacation with an attorney and spouse. The attorney practiced before the judge and had served as campaign manager, a fact the judge already disclosed when the attorney or firm colleagues appeared.
The Commission advised ongoing disclosure of the social relationship so parties and lawyers could consider seeking recusal. If the relationship caused personal bias or prejudice in a particular matter, the judge had to recuse and have a special judge assigned.
In practice
The opinion sets no expiration date for disclosure. It distinguishes continuing disclosure from recusal when bias or prejudice exists.
Common questions
Q: How long should the judge disclose the relationship?
A: The Commission said disclosure should be ongoing.
Q: Does disclosure itself require automatic recusal?
A: The opinion provides parties a chance to move for recusal; bias or prejudice from the relationship requires the judge to recuse.
Q: Was the attorney also the judge’s campaign manager?
A: Yes. The request said the judge already disclosed that campaign role.
Background and rules framework
Former Canon 3E(1) governed disqualification where impartiality might reasonably be questioned. Its commentary favored record disclosure even when a judge believed disqualification had no real basis; subsection (a) addressed personal bias or prejudice.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 3E(1), its commentary, and Canon 3E(1)(a).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2008-09, 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 e FAX (304) 558-0831
June 12, 2008
Re: JIC Advisory Opinion 2008-09
Dear
Your request for an advisory opinion was reviewed by the Commission at its meeting on May 30, 2008. In that letter you stated that you are currently the Family Court Judge in and Counties. On January 1, 2009, you will become the Circuit Court Judge of County. You indicate that you have personal friends (attorneys) who practice before you in Family Court and who will also practice before you in Circuit Court. Your husband and you intend to vacation with one of these attorneys, and his wife in July. You indicate that — was also your campaign manager and that you routinely disclose this fact in court when he or the other attorney in his office appears before you in family court. You asked whether after the vacation, what disclosure if any, must be provided when this attorney appears in your court. Ifa disclosure is required what is the appropriate length of time
for the disclosure to last.
To review the question which you have raised, the Commission has looked at Canon 3E of the Code of Judicial Conduct. That Canon states in relative part:
Canon 3. A judge shall perform the duties of judicial office impartially and diligently.
E. Disqualification. — (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned...
June 12, 2008
Page Two
The commentary to this section of Canon 3 states that “a judge should disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no real basis for disqualification.” The Canon further states that disqualification is required if “the judge has a personal bias or prejudice concerning a party or a party’s lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding.”
Based upon the language contained in the relevant sections of Canon E and the commentary, the Commission felt that you should disclose the social relationship you and your husband have with the attorney who practices in front of you in court. The disclosure should be ongoing. The attorneys and/or parties in the action would have an opportunity based upon the disclosure to move for your recusal. The Commission further felt that any situation in which you would have a personal bias or prejudice because of the social relationship would require your recusal so that a special judge could be assigned to hear that particular case.
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,
Very truly yours,
Fred L. Fox, II, Chairperson
Judicial Investigation Commission
FLF:nb
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