Must a judge recuse when an attorney who managed the judge’s campaign and remains a family friend appears?
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 judge asked what to disclose, and for how long, when a lawyer who managed the judge’s election campaign appeared as counsel. The lawyer and spouse remained personal friends of the judge and the judge’s husband.
Applying former Canon 3E, the Commission advised the judge to recuse when the lawyer appeared. It said recusal should continue for an extended period to avoid an appearance of impropriety, but gave no calendar end date.
In practice
The opinion combines a campaign-manager relationship with current social friendship and requires recusal rather than disclosure alone.
Common questions
Q: Is disclosure alone enough?
A: No. The Commission advised recusal.
Q: Why?
A: The attorney managed the judge’s campaign and remained a social friend of the judge and spouse.
Q: How long?
A: The opinion says an extended period but sets no specific duration.
Background and rules framework
Former Canon 3E(1) requires recusal when impartiality might reasonably be questioned; its comment addresses disclosure of potentially relevant information.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 3E(1) and its comment.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2009-11, 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 23, 2009
Re: JIC Advisory Opinion 2009-11
Dear
You have requested an advisory opinion regarding whether you should recuse yourself when appears in court. You indicated that is an attorney who served as your campaign manager during your campaign for circuit court judge and who with his wife is a personal friend of you and your husband. You asked specifically what disclosure, if any, should be made when he appears before you and what is the appropriate length of time for the disclosure to last.
To address the question which you have raised, the Commission has reviewed Canon 3E of the Code of Judicial Conduct. Canon 3E states in relevant 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 ...
The commentary to this Canon states that “‘[a] judge should disclose on the record information that the judge believes the parties or their lawyer’s might consider relevant to the question of disqualification even if the judge believes there is no real reason for disqualification.”
Based upon the language contained in Canon 3E and the information which you have provided to the Commission, it is the opinion of Commission that you should recuse yourself when this attorney appears before you. This opinion is based on the fact that he is a social friend of you and your husband and he served as your campaign manager when you ran for circuit judge. You should continue to recuse yourself for an extended period of time so that the language of Canon 3E is followed and there is no appearance of impropriety created.
March 23, 2009
Page Two
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.
VVery truly yours,
reanires
Fred L. Fox, I, Chairperson
Judicial Investigation Commission
FLF:nb
What do the rules say today, for your facts?
This opinion is from 2009. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace