May a judge volunteer as an auxiliary coach for a child’s school team after board approval?

Short answer West Virginia JIC Opinion 2011-23 permits the unpaid coaching role but bars the judge from presiding over cases involving the approving county board of education.
Bar
JUDICIAL-WV
Issued
December 22, 2011

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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.

Currency note: this opinion is from 2011
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge wanted to continue volunteer coaching a daughter’s school basketball team after the county board of education began approving “auxiliary” coaches. The role was unpaid.

The Commission allowed the coaching under former Canon 4’s extrajudicial activity rules, while requiring the judge to avoid cases involving the county board of education to protect public confidence in judicial independence and impartiality.

In practice

The opinion allows unpaid coaching but requires avoidance of every case involving the approving board on the facts presented.

Common questions

Q: Can the judge serve as auxiliary coach?

A: Yes, on the unpaid facts described.

Q: Can the judge hear cases involving the board?

A: No. The Commission says the judge is precluded from those cases.

Q: Why did the Commission require recusal from board cases?

A: It said recusal would protect public confidence in judicial independence and impartiality.

Background and rules framework

Former Canon 4A requires extrajudicial activities to avoid impairing impartiality or judicial work; Canon 4C(3) permits suitable civic and charitable participation. The Commission applies those limits to coaching.

Citations and references

West Virginia Code of Judicial Conduct (former): Canons 4A and 4C(3).

See also

Source

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
(804) 558-0169 © FAX (304) 558-0831

December 22, 2011

Re: JIC Advisory Opinion 2011-23

Dear Judge

Your recent verbal request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: Your daughter plays basketball on her school team. In previous years, you have served as a volunteer coach for the team which required only the approval of the school principal. This year, the County Board of Education has decided to call the volunteers “auxiliary” coaches. The Board is now requiring all auxiliary coaches to undergo a background check and be fingerprinted. Moreover, the auxiliary coaches must be approved by the Board of Education. You have not and will not be paid for helping to coach the team. You want to know if you may serve as an auxiliary coach and if so, whether it precludes you from presiding over any cases involving the County Board of Education.

In order to address your request, the Commission has reviewed Canon 4 of the Code of Judicial Conduct, which provides in pertinent part:

Canon 4. A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations.

A. Extra-judicial activities in general. A judge shall conduct all of the judge's extra-judicial activities so that they do not:

(1) cast reasonable doubt on the judge's capacity to act impartially as a judge;

(2) demean the judicial office; or

Page Two

December 22, 2011
(3) interfere with the proper performance of judicial duties. .. .

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.

As the Comment to the Canon notes, a judicial officer should not become isolated from the community in which he/she lives. Likewise, the Commission believes that a judicial officer should not necessarily be isolated from the day to day activities of his or her school age children. Thus, the Commission believes that based upon the scenario set forth above, you may serve as an auxiliary coach for your daughter’s grade school basketball team; however, you would also be precluded from presiding over any cases involving the County Board of Education in order to ensure the public’s continued faith in the independence and impartiality in the judiciary.

It is hoped that this opinion fully addresses the issues which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Sincerely, Yj

Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/tat/nb

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