May a judge accept an expensive gift from a county bar association at a service dinner, and must it be reported?

Plain-English summary

A county bar association honored a judge’s years of service at a dinner and gave a collectively funded gift that the judge estimated was worth more than $1,000. The judge asked whether accepting it violated the Canons and whether it had to appear on a state financial disclosure statement.

The Commission classified it as a gift incident to a public testimonial under former Canon 4D(5)(a) and said the value above $150 required reporting in the manner described by Canon 4D(5)(h) and 4H. The opinion cites the state disclosure statute in the question but does not separately analyze its requirements.

In practice

The gift’s testimonial character supports acceptance; its value triggers the Code’s reporting rule. The opinion gives no separate construction of the state disclosure statute.

Common questions

Q: Could the judge accept the gift?

A: Yes. The Commission treated it as incident to a public testimonial.

Q: Did the value matter?

A: Yes. Above $150, reporting was required under the cited former Canon.

Q: Did the Commission construe the state disclosure statute?

A: No separate statutory analysis appears in the opinion.

Background and rules framework

Former Canon 4D(5)(a) allows gifts incident to public testimonials; Canon 4D(5)(h) points to Canon 4H reporting when a permitted gift exceeds $150.

Citations and references

West Virginia Code of Judicial Conduct (former): Canons 4D(5)(a), 4D(5)(h), and 4H.

Statute mentioned in the request: W. Va. Code § 6B-2-6.

See also

• WV JIC Advisory Opinion 2010-03
• WV JIC Advisory Opinion 2011-03

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2010-01, 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 22, 2010

Re: JIC Advisory Opinion 2010-01

Dear

In a recent letter to the Judicial Investigation Commission you asked for an advisory opinion regarding the acceptance of a gift from the County Bar Association. You state that on ), the County Bar Association had a dinner to honor you for serving -years as Judge of the Judicial Circuit. The Bar Association presented you with a gift of a with engraving to commemorate the occasion. The value of the you think exceeds $1,000.00. You were advised that every member of the

Bar Association contributed to the purchase of the gift. You asked whether it is a violation of the Canons of Judicial Ethics to accept this gift, and if you accept the gift do you have to report it on the West Virginia Ethics Commission Financial Disclosure Statement (W.Va. Code 6B-2-6).

To address the issues which you have raised, the Commission has reviewed Canon 4 of the Code of Judicial Conduct. Canon 4D(5)(a) provides that a judge may accept “a gift incident to a public testimonial .. .”. Canon 4D(5)(h) suggests that if a gift which is permitted to be made to a judge has a value which exceeds $150.00 the judge should report it in the same manner as the judge reports compensation in 4H of the Canon. The Commission is of the opinion that the gift which you mentioned in your letter was a gift incident to a public testimonial since the Bar Association was honoring you for your _-years of service as ajudge. The gift also had a value exceeding $150.00 according to the information which you have provided and should therefore be reported under the terms set forth in the relevant section of Canon 4.

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,

: d
Fréd L. Fox, II, Chairperson
Judicial Investigation Commission