May a magistrate remain president of a volunteer fire company auxiliary that fundraises?

Short answer West Virginia JIC Opinion 2009-17 directs the magistrate to resign as president and leave the auxiliary because its fundraising conflicts with former Canon 4C(3)(b).
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JUDICIAL-WV
Issued
October 13, 2009

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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.

Currency note: this opinion is from 2009
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A magistrate volunteered as president of a fire company auxiliary, had signed its bank signature card, but said the treasurer handled the account. The Commission learned the auxiliary engaged in fundraising.

Applying former Canon 4C(3)(b), it directed the magistrate to resign the presidency and no longer participate in the organization. It said that resignation would bring the magistrate into conformance without further action.

In practice

The Commission required departure from the organization, not merely surrender of bank signing authority.

Common questions

Q: Could the magistrate remain president?

A: No. The Commission directed resignation.

Q: Was stepping down from the office enough?

A: The opinion also directed no further participation in the auxiliary.

Q: Why did the account signature matter less than fundraising?

A: The holding rests on the auxiliary’s fundraising activity under former Canon 4C(3)(b).

Background and rules framework

Former Canon 4C(3)(b) restricts a judge’s fund solicitation and use of judicial prestige for civic or charitable fundraising.

Citations and references

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

See also

Source

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

October 13, 2009

Re: JIC Advisory Opinion 2009-17:

Dear Magistrate

Your recent request for an advisory opinion has been reviewed by the Judicial Investigation Commission. In your request you stated that you have been President of the Citizens Fire Company Auxiliary (a strictly volunteer position) since January 1, 2009. As such you were required a sign a “signature” card at BB&T. The organization has a Treasurer who is responsible for writing checks and managing the account. You do not use the account and only signed the card as a requirement of the office of President. While you were attending a recent training conference for magistrates, it was brought to your attention that holding the position may constitute a violation of an ethics rule. You state that you would never knowingly or intentionally violate the Code of Judicial Conduct and would appreciate an opinion on whether or not you are in violation by holding the position and what you should do to rectify the situation.

>

In order 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. Governmental, 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. A judge may serve as an officer, director, trustee, or non-legal adviser of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or

October 13, 2009
Page Two

(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; but a judge may be listed as an Officer, director, or trustee of such an organization, so long as the listing is not used for fund-raising purposes. A judge should not be a speaker or the guest of honor at an organization’s fund- raising events, but may attend such events.

In addition to your correspondence to the Commission it has been learned from you that the Auxiliary does engage in fund-raising activities. Based upon the language contained in Canon 4 of the Code of Judicial Conduct, cited above, it is the opinion of the Commission that you should resign from your position as President of the Citizens Fire Company Auxiliary and no longer participate in this organization. Your resignation from the organization should put you in conformance with the language contained in Canon 4 and require no further action on your part.

It is hoped that this opinion fully addresses the questions which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

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Fred L. Fox, II, Chairperson
Judicial Investigation Commission

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