May a judge welcome the public and introduce speakers at a free citizens law school?
Apply this to your situation
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 judge was invited to introduce speakers and topics at a free public Citizens Law School with attorney presenters. The judge would not answer substantive questions or receive payment.
The Commission applied former Canon 4 and Canon 4B, which permit teaching and speaking about law within limits on conflicts with judicial duties. It approved the described participation.
In practice
The opinion permits the judge’s unpaid welcome and speaker introductions, with no substantive question answering.
Common questions
Q: May the judge participate?
A: Yes. The Commission approved the described role.
Q: What was the proposed scope?
A: A welcome and speaker introductions, without substantive answers or compensation.
Background and rules framework
Former Canon 4 directs judges to minimize conflict from outside activities. Canon 4B permits speaking, teaching and other activity concerning law, the legal system and administration of justice. The opinion applies those provisions to this public program.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 4 and Canon 4B, outside activities and legal education.
Prior opinion cited:
- JIC Advisory Opinion June 15, 2007, public ABA workshop panel.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2014-20, 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
November 10, 2014
Re: JIC Advisory Opinion 2014-20.
Dear
Your recent request for an advisory opm10n was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: You have been asked to participate in a Citizen's Law School during Winter 2015. Tenative plans call for six separate evening sessions dealing with Criminal Law, Family Law, Estate Planning and Elder Law, Real Estate and Property Law, Banlauptcy and Creditor's Rights, and Workers Compensation and Social Security disability. The
programs will be sponsored by the
County Commission and
Newspapers, Inc. and is free to the public.
Each session will have two attorney presenters. The Office of Lawyer Disciplinary Counsel has approved their participation. Written materials will contain disclaimers · regarding conflicts and will state that the programs do not create attorney/client relationships between lawyer participants and attendees.
Your role will be limited to welcoming the public and introducing the subject of the evening and the speakers. You will not answer any substantive questions, You also will not receive any remuneration for your participation.
-
To address your question, the Commission has reviewed Canon 4 of the Code of Judicial Conduct, which directs that "[a] judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations." Subject to that overriding principle, Canon 4B permits a judge to "speak, write, lecture, teach and participate in other extra..judicial activities concerning the law, the legal system, the
JIC Advisory Opinion 2014-20
November 10, 2014
Page2
administration of justice, and non-legal subjects .... " The Commentary to the Canon further states:
As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice. . . . To the extent that time permits, a judge is encouraged to do so, either independently or through a bar association, judicial conference or other organization dedicated to the improvement of the law.
Based upon the foregoing, it is the opinion of the Commission that you may participate in the Citizen's Law School. See also ITC Advisory Opinion 6/15/2007 (judge may participate in ABA Workshop panel related to product liability trials that is open to the public as long as he does not discuss any specific pending or impending cases).
We hope this opinion fully addresses the issue which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
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