May a magistrate remain on a county emergency ambulance authority board?
Apply this to your situation
This page answers the general question as of 2013. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
Before taking office, a magistrate served as a voting member of a county emergency ambulance authority board. The board oversaw operations, purchases, contracts, debts, and staffing. The magistrate asked whether that service could continue.
The Commission reviewed former Canon 4A and found that emergency medical technicians and other ambulance personnel regularly testified in injury cases. It concluded the magistrate could not remain on the board.
In practice
The opinion ties its result to ambulance personnel’s regular role as court witnesses in cases that may come before the magistrate.
Common questions
Q: May the magistrate keep the board seat?
A: No. The Commission precluded continued service.
Q: What part of the authority’s work drove the result?
A: Its emergency personnel regularly appear as witnesses in injury cases.
Background and rules framework
Former Canon 4A directs judges to conduct outside activities without casting reasonable doubt on impartiality or interfering with judicial duties. The opinion applies that provision to an authority whose personnel regularly appear in court.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4A(1)–(3), outside activities and judicial obligations.
Other opinion cited:
- JIC Advisory Opinion 5/21/1998, law-enforcement advisory board service.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2013-01, 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 ea 558-0831
January 11, 2013
Dear Magistrate
Your request for an advisory opinion to Counsel was recently reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: Prior to becoming Magistrate, you sat on the Board of Directors for the County Emergency Ambulance Authority Board members serve without remuneration. You held no particular position on the Board but were a voting member. The Board oversees the general operation of the which includes but is not limited to, approving the purchase of equipment, entering into contracts, and authorizing the payment of debts. The Board also approves the hiring and/or termination of employees. You want to know if you may keep your seat on the Board now that you are a Magistrate.
To address the question which you have raised, the Commission has reviewed Canon 4A of the Code of Judicial Conduct which provides:
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 (3) interfere with the proper performance of judicial duties. JIC Advisory Opinion 2013-01 January 11, 2013 Page 2
The Code is clear that a judicial officer should not serve on a Board if it is likely that the organization will be involved in Proceedings that would ordinarily come before the judge. Emergency Medical Technicians and other emergency ambulance personnel are regularly called as witnesses in criminal and civil cases involving injuries to a person. Accordingly, you are precluded from serving on the Board of the MCEAA. See also JIC Advisory Opinion 5/21/1998 (Judicial Officer prohibited from serving on a law enforcement advisory board that Participates
in hiring, training and employing police officers and procures equipment, technology and other material directly related to law enforcement functions).
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,
277, an
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
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