May a judge draft court documents for a spouse and close sister-in-law without compensation, and must the judge disclose that assistance?
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 helped a spouse and close sister-in-law litigating an estate matter by advising, drafting filings, and reviewing documents. They signed and filed the work themselves; the judge did not appear or advocate. The judge asked whether this violated former Canon 4G and whether the court and parties had to be told.
The Commission found no Canon 4G violation for uncompensated advice and document assistance to family. It found no Canon 4G text requiring a notice or disclosure of that help. The Canon’s comment, quoted in the opinion, still barred acting as advocate or negotiator for family.
In practice
The permission concerns unpaid advice and document work for family, without courtroom advocacy or negotiation; the no-notice conclusion is under former Canon 4G.
Common questions
Q: Can the judge draft the spouse’s filings without pay?
A: Yes, under the family exception described in former Canon 4G.
Q: Does Canon 4G require notice to the court and other parties?
A: The Commission found no such requirement in that Canon.
Q: May the judge advocate for the relatives?
A: No. The cited comment bars acting as advocate or negotiator for them.
Background and rules framework
Former Canon 4G prohibits judicial law practice but allows unpaid legal advice and drafting or review for a family member, defined to include close familial relationships; its comment excludes advocacy and negotiation.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4G, its comment, and the Code definition of “member of the judge’s family.”
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2010-13, 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
October 5, 2010
Re: JIC Advisory Opinion 2010-13
Dear
In a recent letter to counsel you asked for an advisory opinion from the Judicial Investigation Commission. That correspondence was reviewed at the Commission’s last meeting. In the request you stated that your wife and sister-in-law are representing themselves as plaintiffs in a lawsuit regarding an estate. You have been giving them advice, preparing documents and reviewing legal documents submitted by the adverse parties. Specifically, you stated you prepared their complaint, interrogatories, motions and legal memorandum. They signed and filed the documents. You plan to continue providing this assistance, however, you do not represent your wife or sister-in-law in court or advocate for them in the legal matter. In essence, you are a “ghostwriter.”
Your wife informed you that the presiding judge in her case suggested in a recent court hearing that it might be proper for you to file a notice that you are preparing the documents. She was unsure about the Judge’s exact statement because she was very nervous. However, you believe her recollection of the Judge’s suggestion is substantially correct.
You asked for an advisory opinion on the following:
1) Have you violated Judicial Canon 4G by giving advice (o, drafting legal documents, and reviewing legal documents for your wife and sister-in-law? You maintain a close familial relationship with your sister-in-law.
2) Do the Judicial Canons require you to file a notice or notily the court and parues that you are advising your wife and sister-in-law and preparing and reviewing documents for them?
October 5, 2010
Page Two
To address the questions which you have raised the Commission has reviewed Canon 4G of the Code of Judicial Conduct. Canon 4G states:
4G. Practice of law. - A judge shall not practice law. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge’s family.
The terminology section of the Code of Judicial Conduct defines “member of the judge’s family” as denoting “‘a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship.”
The commentary to Canon 4(G) states that “the Code allows a judge to give legal advice to and draft legal documents for members of the judge’s family, so long as the judge receives no compensation. A judge must not, however, act as an advocate or negotiator for a member of the judge’s family in a legal matter.”
Based upon the language contained in the Canon, the definition of member of the judge’s family, and the statement set forth in the commentary to the Canon, it is the opinion of the Commission that you have not violated Canon 4(G) by giving advice to drafting legal documents and reviewing legal documents for your wife and sister-in-law.
The Commission could find no language set forth in Canon 4G which would require you to file a notice or notify the court and the parties that you are advising your wife and sister-in- law and preparing and reviewing documents for them.
It is hoped that this opinion fully addresses the questions which you have raised. If you have any further question concerning these matters, do not hesitate to contact the Commission.
Very truly yours,
Ronald E. Wilson, Vice-Chairperson
Judicial Investigation Commission
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