How long should a judge disclose that an appearing attorney once represented the judge?
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 how long to disclose that a regularly appearing attorney had represented the judge in earlier litigation. The Commission reviewed former Canons 2A and 3E(1) and said the safe practice was to disclose the prior representation whenever that attorney appeared. It did not provide a fixed duration or decide automatic recusal.
In practice
The advice is repeated disclosure of the past representation; the opinion gives no sunset period.
Common questions
Q: What disclosure practice did the Commission recommend?
A: Disclose the prior representation when the attorney appears.
Q: Did it specify how many years to continue?
A: No fixed end date appears in the opinion.
Q: Did it order recusal from all of the attorney’s cases?
A: No. It recommended disclosure and quoted the disqualification standard.
Background and rules framework
Former Canon 2A addresses appearance of impropriety; Canon 3E(1) addresses disqualification when impartiality might reasonably be questioned.
Citations and references
West Virginia Code of Judicial Conduct (former): Canons 2A and 3E(1).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2010-14, 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 2010-14
Dear Judge
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission at its meeting. In that request you stated that an attorney who appears in front of you on a regular basis had previously represented you in litigation and you asked for how long you should disclose that fact when the attorney is in your court.
To address this question the Commission has reviewed Canon 2 and Canon 3 of the Code of Judicial Conduct. Canon 2 states in relevant part:
Canon 2. A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.
A. A judge shall respect and comply with the law, shall avoid impropriety and the appearance of impropriety in all of the judge’s activities, and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon 3 states in relevant part:
Canon 3. A judge shall perform the duties of judicial office impartially and diligently.
E. Disqualification. (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, .. .
Based upon the relevant language contaiiied in these Canons, it is the opinion of the Commission that the safe practice for you is to disclose the prior representation by the attorney when he appears in your court. October 5, 2010 Page Two
It is hoped that this opinion fully addresses the question which you have raised. If you have any further question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
[signature]
Ronald E. Wilson, Vice-Chairperson
Judicial Investigation Commission
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