May a magistrate own and work in a pizzeria with a deputy sheriff and bail bondsman as partners?

Plain-English summary

A magistrate proposed a one-third interest and active work in a pizzeria alongside a deputy sheriff and a bail bondsman. Financing might include a county economic development authority loan.

Applying former Canon 4’s limits on outside business, the Commission found the close-business exception unavailable, identified continuing ties to people appearing in the magistrate’s court, noted the partly county-funded loan, and found the proposed work could interfere with duties. It concluded the requester could not remain a magistrate and own the pizzeria as proposed.

In practice

The opinion rejects the described pizzeria ownership and work while serving as magistrate.

Common questions

Q: May the magistrate own this pizzeria while serving?

A: No. The Commission rejected the proposed arrangement.

Q: Which relationships concerned the Commission?

A: The deputy sheriff and bail bondsman partners, possible county-funded financing, and daily work commitments.

Background and rules framework

Former Canon 4A addresses outside activities that undermine impartiality or judicial performance. Canon 4B(1)(b) restricts continuing business relationships with people likely to appear before the judge; Canon 4D(3) limits management or partnership in business entities.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canons 4A(1), 4A(3), 4B(1)(b), and 4D(3), outside business, continuing relationships, and judicial duties.

Prior opinions cited:

• JIC Advisory Opinions October 23, 1996; December 13, 1996; and March 10, 2003, outside employment.

See also

• WV JIC Advisory Opinion 2014-18
• WV JIC Advisory Opinion 2015-04

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2014-15, 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

August 5, 2014

Re: JIC Advisory Opinion 2014-15

Dear

Your request for an advisory opinion was reviewed by the Judicial Investigation Commission at its August 1, 2014 meeting. The factual scenario giving rise to your request is as follows:

You are contemplating opening a pizzeria in County along with two partners -
a
County Deputy Sheriff and a bail bondsman who works for a bonding company of
out County. Each of you would own a one-third interest in the restaurant. You envision that you would help cook, deliver food and manage the inventory. You would also help with hiring and training employees and cleaning. You indicated that the day to day duties of managing employees would be done by your partners and that an accountant would handle all the finances.
You are looking for ways to finance the endeavor. You are contemplating obtaining
loans from a bank and/or the
County Economic Development Authority, which is
partly funded through the
County Commission. However, the latter loan application
would be made directly to the EDA, and the agency's board of directors would make the decision on granting or denying the loan.

To address your question, the Commission has reviewed Canons 4A(l) and (3), 4B(l)(b) and 4D(3) of the Code of Judicial Conduct. Canon 4A states that "[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; ... or (3) interfere with the proper performance of judicial duties."

JIC Advisory Opinion 2014-15
August 5, 2014
Page 2

Canon 4{B)(l)(b) states that "[a] judge shall not engage in financial and business dealings that involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves ." Meanwhile, Canon 4D(3) provides:

A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may, subject to the requirements of this Code, manage and participate in: (a) a business closely held by the judge or members of the judge's family, or (b) a business entity primarily engaged in investment or the financial resources of the judge or members of the judge's family.

Based upon the information which you have given to the Commission it would appear that you would be a general partner in the pizzeria and the exceptions set forth in Canon 4D(3}(a) and (b} are not present in your situation. Additionally, the venture would put you in a continuing business relationship with a deputy sheriff who comes before the court on which you serve and a person who posts bonds for people who are involved in the
County Court system, The same result occurs if you obtain financing from the EDA since the County Commission is a partial funding source. Lastly, the nature of your planned involvement in the day to day activities in the restaurant may interfere with your judicial duties.

For these reasons it is the opinion o'f the Commission that you could not continue to
serve as a Magistrate of
County and own a pizzeria. Please be advised that our
decision is consistent with JIC Advisory Opinion 10/23/1996 (magistrate cannot work as a private investigator during his/her off duty hours); JIC Advisory Opinion 12/13/1996 (magistrate cannot concurrently work as a real estate agent); and JIC Advisory Opinion 3/10/2003 (magistrate cannot concurrently be employed at a local supermarket).

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

Sincerely,

~--¥"~ Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/tat