May a judge serve on a state anniversary advisory board that expects fundraising contributions?
Apply this to your situation
This page answers the general question as of 2010. 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 about joining an advisory board planning Civil War and West Virginia statehood anniversary activities. The invitation anticipated the judge’s contribution to fundraising.
The Commission applied former Canon 4C(3)(b) and said the judge could not serve on the board because fundraising would be part of the proposed role. The PDF’s opening letter date is May 25, 2010, while the second-page header reads May 24, 2010; this page uses the opening date.
In practice
The conclusion turns on expected fundraising participation, not on historical commemoration itself.
Common questions
Q: May the judge join the board as invited?
A: No. The Commission found the expected fundraising incompatible with Canon 4.
Q: What language in the invitation mattered?
A: It anticipated suggestions and contributions to fundraising activities.
Q: Are the PDF dates consistent?
A: No. The first page says May 25, while the second page says May 24, 2010.
Background and rules framework
Former Canon 4C(3)(b) bars judicial solicitation of funds for civic or charitable organizations and the use of judicial prestige for that purpose.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4C(3)(b).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2010-08, 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
May 25, 2010
Re: JIC Advisory Opinion 2010-08
Dear Judge
In a recent letter you asked for an advisory opinion regarding your membership on the West Virginia Commission Advisory Board and whether such membership would comport to the Code of Judicial Conduct. During the next few years the Commission plans for and promotes activities for the observances of the anniversaries of the American Civil War and West Virginia statehood. The letter which you attached to your request included a comment that the Commission would look forward to your thoughtful suggestions and contributions to the fund-raising activities.
To address the question which you have raised, the Commission reviewed Canon 4 of the Code of Judicial Conduct which 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 a officer, director, trustee, or non-legal adviser of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members subject to the following limitations:
(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...
May 24, 2010
Page Two
Based upon the fund-raising activities in which you would be engaged if you served on the Commission’s Advisory Board and the prohibition against such activities set forth in Canon 4C(3)(b), it is the opinion of the Commission that you may not serve on the Commission. As
you know fund-raising by a judicial officer is prohibited under Canon 4 of the Code of Judicial Conduct.
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 the Commission.
Very truly yours,
2?
ed L. Fox, II, Chairperson
Judicial Investigation Commission
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