May a family court judge publish a family law book and receive payment?
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This page answers the general question as of 2014. 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 family court judge asked whether the judge could publish a book on family law and be compensated.
The Commission quoted former Canon 4A on outside activities, 4B on writing about law, and 4H on compensation and public reporting. It permitted the book and payment subject to those conditions.
In practice
The opinion permits the paid book only within the quoted Canon 4 conditions.
Common questions
Q: May the judge publish the book?
A: Yes. The Commission permitted a family law book under Canon 4.
Q: May the judge receive compensation?
A: Yes, subject to the Canon’s limits on amount, source and reporting.
Background and rules framework
Former Canon 4A limits outside activity that harms impartiality or duties. Canon 4B permits legal writing. Canon 4H allows reasonable compensation from a source that does not appear to influence the judge and describes annual public reporting above the stated threshold.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canons 4A, 4B, and 4H(1)–(2), writing, compensation and reporting.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2014-03, 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 Virgin ia 25304
(304) 558-01 69 • FAX (304) 558-0831
January 27, 2014
Re: JIC Advisory Opinion 2014-03
Dear
On January 10, 2014, you requested an advisory opnuon from the Judicial Investigation Commission on the following question: "Whether I, as a Family Comt Judge, can publish a book on Family Law, and receive compensation for same?"
Your question is best answered by reviewing Canon 4 of the Code of Judicial Conduct, which in pe1tinent pait states as follows:
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 impaitially as a judge;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.
B. Avocational activities. A judge may speak, write, lecture, teach, and participate in other extra-judicial activities concerning the law, the legal system, the administration of justice, and non-legal subjects, subject to the requirements of this Code.
JIC Advisory Opinion 2014-03
January 27, 2014
Page 2
H. Compensation, reimbursement, and reporting.
(1) Compensation and reimbursement. A j udge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety.
(a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity.
(2) Public reports. A judge shall rep01t the name of a firm, corporation, or paitnership in which the judge has an interest and relationship thereto.
In addition, should the judge receive compensation during the calendar year exceeding $500 from sources other than those listed in the preceding sentence, the judge shall rep011 the name of the payor and the reason for the compensation.... The report must be made annually by July 1 for the preceding calendai· yeai·, and must be filed as a public document in the office of the Clerk of the Supreme Comt of Appeals or other office designated by rule of the Supreme Court of Appeals.
Subject to the conditions set forth in Cai1on 4, you may publish a book on Family Law and receive compensation for it. If you have any fmther questions regarding this matter, please do not hesitate to contact the Commission.
~--r~ ;:-~ --=
Sincerely, 1 /'
Ronald E . Wilson, Chairperson
Judicial Investigation Commission
REW/sls
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