Must a magistrate recuse when a police officer who is the magistrate’s third cousin seeks warrants or appears in cases?
Apply this to your situation
This page answers the general question as of 2009. 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 newly elected magistrate asked whether a police officer who was the magistrate’s third cousin and shared a surname could seek arrest or search warrants or appear in matters before the magistrate.
The Commission found no Canon 3E conflict on that relationship. It said the third cousin was outside the third degree of relationship in Canon 3E and therefore did not create a reason for recusal in those matters.
In practice
The advice addresses the stated family relationship and the officer’s appearances; it does not analyze any different basis for impartiality concerns.
Common questions
Q: Did this relationship itself require recusal?
A: No. The Commission found no Canon 3E conflict from the stated third-cousin relationship.
Q: What matters did the question cover?
A: The officer obtaining arrest or search warrants and appearing in cases before the magistrate.
Q: Why was recusal unnecessary under the opinion?
A: The Commission placed the third cousin outside Canon 3E’s third degree of relationship.
Background and rules framework
The opinion applies former Canon 3E’s degree-of-relationship provision to the stated police officer relative.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 3E.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2009-02, 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
February 5, 2009
Re: JIC Opinion 2009-02
Dear
In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. You stated that you are one of the newly elected magistrates. Recently a police officer relative of yours inquired if getting arrest or search warrants or hearing cases involving him would involve a conflict of interest or problem. The individual posing the question is a third cousin and bears the same last name.
To address the question which you have raised, the Commission has reviewed Canon 3E of the Code of Judicial Conduct.
The Commission could find nothing in Canon 3E which would cause you to have a conflict in those situations in which the individual may appear in front of you. Any relationship which you have would be outside the third degree of relationship set forth in Canon 3E and would therefore not pose a reason for you to recuse yourself in those matters.
It is hoped that this opinion fully addresses the question which you have raised. If you have 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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