May a judge be a “celebrity server” at a CASA fundraising event?

Plain-English summary

A child advocacy organization whose volunteers appeared in abuse and neglect proceedings invited a judge to serve as a “celebrity server” at its fundraiser. The Commission applied former Canon 4C(3)(b)’s ban on judicial fund solicitation and use of office prestige for fundraising. It advised the judge not to take the role.

In practice

The conclusion addresses the proposed celebrity-server role at a fundraiser. The quoted Canon barred soliciting funds or using judicial prestige for that purpose.

Common questions

Q: Could the judge serve as celebrity server?

A: No. The Commission advised against it.

Q: Why did the role matter?

A: The judge would participate in an event designed to raise funds for the organization.

Q: Which Canon did the Commission apply?

A: Former Canon 4C(3)(b).

Background and rules framework

Former Canon 4C(3)(b) prohibits judicial solicitation of funds and use of the prestige of office for civic or charitable fundraising.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 4C(3)(b).

See also

• WV JIC Advisory Opinion 2009-15
• WV JIC Advisory Opinion 2009-17

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2009-14, redacted

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

June 12, 2009

Re: JIC Advisory Opinion 2009-14

Dear

In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion. In your correspondence you enclosed a letter which you received from “A Child’s Place CASA, Ltd.”, which is the organization that provides volunteers who act as court appointed special advocates in abuse and neglect proceedings in your circuit. In that letter you were asked if you could participate as one of the “celebrity servers” in their fund-raising event.

To address the question which you have raised, the Commission has reviewed Canon 4 of the Code of Judicial Conduct. Canon 4 states in relevant part:

Canon 4. A judge shall so conduct the judge’s extra-judicial activities as to minimize the risk of conflict with judicial obligations.

C. Government, civic, or charitable activities.

(3) Civic and charitable activities. - A judge may participate in civic and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of the judge’s judicial duties. .. .

(b) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of office

for that purpose; .. .

June 12, 2009
Page Two

As you note in your correspondence, the use of “celebrity servers” would be in the fund-raising event which would be sponsored by the organization. The language in Canon 4 herein cited above states clearly that a judge may not solicit funds for any organization or use or permit the use of the prestige of office for that purpose. For these reasons it is the opinion of the Commission that you should not serve as a “celebrity server” at this event.

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,
AK S

Fred L. Fox, II, Chairperson
Judicial Investigation Commission

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