May a magistrate serve as a community member of a county extension service advisory committee?
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 magistrate asked about joining a county extension service committee as a community member. The committee served as an advisory board for the extension service.
After reviewing its description and former Canon 4C(3), including limits on adversary proceedings, fundraising, and investment advice, the Commission concluded that the magistrate could serve. It also referred to an April 15, 2005 JIC opinion.
In practice
The permission follows the committee description supplied to the Commission and remains within the quoted Canon 4C(3) limits.
Common questions
Q: May the magistrate join the committee?
A: Yes, on the facts supplied.
Q: What kind of committee was described?
A: A county extension service advisory board with community members.
Q: What limits did the Commission quote?
A: Former Canon 4C(3)’s limits on litigation exposure, fundraising, and investment advice.
Background and rules framework
Former Canon 4C(3) permits civic and charitable participation subject to impartiality, judicial duty, litigation, fundraising, and investment-advice restrictions.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 4C(3).
Other opinion cited: JIC Advisory Opinion 4/15/2005.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2011-10, 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
May 17, 2011
Re: JIC Advisory Opinion 2011-10
Dear Magistrate
In a recent letter to the Judicial Investigation Commission you asked if you would be
permitted to serve on the _ County Extension Service Committee as a community member. You stated that the committee serves as an advisory board for the County Extension Service.
The Commission has reviewed your correspondence and the description of the County Extension Service Committee which you provided. To address the inquiry which you have made the Commission reviewed relevant sections of Canon 4 of the Code of Judicial Conduct. Canon 4 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 an officer, director, trustee, or other 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:
The Honorable
May 17, 2011
Page Two
(a) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.
(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; but a judge may be listed as an officer, director, or trustee of such an organization, so long as the listing is not used for fund-raising purposes. A judge should not be a speaker or the guest of honor at any organization’s fund- raising events, but may attend such events.
(c) A judge should not give investment advice to such an organization, but a judge may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
Based upon the information which you have provided to the Commission and language contained in the relevant sections of Canon 4, it is the opinion of the Commission that you may serve as a member of the County Extension Service Committee. See, JJC Advisory Opinion 4/15/05, attached hereto.
If you have any further question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW:nb
Enclosure
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