May a judge’s law clerk research or draft matters involving the clerk’s attorney fiancé, and what about the fiancé’s colleague?
Apply this to your situation
This page answers the general question as of 2011. 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’s law clerk was engaged to an attorney who practiced before the court. The judge had barred her from drafting opinions in his cases but allowed legal research and work on cases involving another attorney at his office.
The Commission said the clerk could not participate in any fashion in cases involving her fiancé or future husband; a complete wall was required. It lacked facts on the other attorney’s business or financial relationship with the fiancé and declined to opine on that attorney’s cases.
In practice
The wall covers all clerk work on the fiancé’s cases, including research. The opinion supplies no answer for the other attorney’s cases.
Common questions
Q: May the clerk research the fiancé’s cases?
A: No. The Commission requires no involvement in any form.
Q: Is barring only opinion drafting enough?
A: No. It calls for a complete wall.
Q: Did the Commission decide the colleague’s cases?
A: No. It needed facts about office, partnership, and financial arrangements.
Background and rules framework
The opinion gives case-specific screening guidance for a judicial law clerk whose fiancé appears before the judge. It cites no numbered Canon.
Citations and references
Authorities cited: The opinion refers generally to ethics rules but cites no numbered Canon, statute, or case.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2011-05, redacted
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
City Center East - Suite 1200 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 ¢ FAX (304) 558-0831
March 21, 2011
Re: JIC Advisory Opinion 2011-05
Dear Judge
In a recent letter you asked for an advisory opinion regarding the status of your law clerk. You stated that she has served as law clerk since October 8, 2008, and wished to continue her current employment. She has recently become engaged and is due to be married in April to a man who is an attorney practicing in your circuit. The attorney is employed at the law offices of another attorney located within your circuit. You said that you understand the Rules to prohibit the law clerk from performing any work on cases in which her fiance is involved. Thus far and for purposes of compliance with the Rules of Ethics you have determined “work” to include the drafting of judicial opinions for any court case in which the attorney is involved. However, the law clerk has historically been permitted to conduct legal research regarding cases in which he is involved and she has both researched and drafted opinions for court cases in which the attorney with whom he works has been involved.
After reviewing your request it is the opinion of the Judicial Investigation Commission that your law clerk could not be involved in any fashion or form in cases in which her fiancé and soon to be husband is involved. There must be a complete wall between the law clerk’s work and any cases involving the attorney to whom she is engaged. The Commission does not have sufficient information regarding the status of the attorney with whom he practices. There is no information regarding whether they share office space or are law partners or have any financial arrangement regarding cases which come before the court. For that reason, no opinion can be issued regarding whether that attorney would have any conflict situation.
The Honorable
March 21, 2011
Page Two
It is hoped that this opinion fully addresses the questions which you raised. If there is any further question regarding these matters, do not hesitate to contact the Commission.
Very truly yours,
[signature]
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW:nb
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