May a county bar honor a retiring judge by raising money for Legal Aid of West Virginia?
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
A judge planning full retirement, without senior-status or mediation work, asked whether a county bar could honor the judge by raising funds for Legal Aid of West Virginia instead of holding a banquet. The judge would not know donors or direct distribution of proceeds.
The Commission reviewed former Canons 4C(2) and 4D(5)(a). It found this arrangement permissible on the condition that planning, solicitation, and collection of donations all take place after retirement, when the judge would no longer be subject to the Code.
In practice
The opinion ties its permission to the timing of every fundraising step: planning, solicitation, and collection must occur after retirement.
Common questions
Q: Could the bar raise funds in the judge’s honor?
A: Yes, on the post-retirement terms the Commission stated.
Q: May planning begin while the judge remains on the bench?
A: The Commission requires planning, as well as solicitation and collection, to occur after retirement.
Background and rules framework
Former Canon 4C(2) limits a judge’s personal participation in public fundraising for an organization devoted to law or justice. Former Canon 4D(5)(a) addresses gifts, including a gift incident to a public testimonial.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4C(2), law-related organizations and fundraising.
- Canon 4D(5)(a), gifts and public testimonials.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2013-13, 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
October 8, 2013
Re: JIC Advisory Opinion 2013-13.
Dear Judge
Your request for an advisory opinion was reviewed by the Judicial Investigation Commission. You plan on retiring toward the end of January 2014. You indicated that you submitted a letter of intent to the Governor on or about September 23, 2013. You have decided not to serve as a Senior Status Judge. You also do not plan to participate in mediation or any other legal function. You plan to fully retire and have your law license classified as inactive.
You want to know if it would be permissible for the County Bar Association to honor you by raising funds for Legal Aid of West Virginia instead of soliciting money for a banquet or reception. According to you, the effort would be held post-retirement. You would
not know who contributed and you would not attempt to suggest or control how the proceeds, if any, would be distributed.
To address the questions which you have raised, the Commission has reviewed Canon 4C(2) and Canon 4D(5)(a) of the Code of Judicial Conduct. Canon 4C(2) states:
A judge may serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. A judge may assist such an organization in raising funds and may participate in their management and investment, but should not personally participate in public fund-raising activities. A judge may October 8, 2013 Page 2
make recommendations to public and private fund-granting agencies on projects
and programs concerning the law, the legal system, and the administration of justice.
Canon 4(D)(5)(a) states:
A judge shall not accept, or knowingly permit staff, court officials and others subject to [the] judge’s direction and control to accept, and should urge members of the judge’s family residing in the judge’s household, not to accept a gift, bequest, favor or loan from anyone except for a gift incident to a public testimonial. . .
Based upon the foregoing, the Commission finds the venture permissible in your case as long as the planning, solicitation and collection of donations occur after you have retired because
then you are no longer subject to the Code of Judicial Conduct.
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,
[signature]
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
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