What legal work and teaching may an appointed magistrate continue after taking office?
Apply this to your situation
This page answers the general question as of 2015. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
An incoming magistrate asked about continuing a limited law practice, pro bono or paid county commission work, and college teaching.
The Commission explained that West Virginia’s constitution and statutes permit a limited magistrate law practice despite former Canon 4G, so long as it does not impede judicial duties or violate the Code. It allowed wills, deeds, and college teaching. It rejected rental agreements because magistrates hear landlord-tenant disputes, and prohibited any legal work for the county commission while serving as magistrate.
In practice
The opinion permits wills, deeds and college teaching under the stated limits, while excluding rental agreements and county commission legal work.
Common questions
Q: May the magistrate prepare wills and deeds?
A: Yes, within the limited practice described by the opinion.
Q: May the magistrate draft rental agreements or advise the county commission?
A: No. The Commission rejected both kinds of work while serving as magistrate.
Background and rules framework
Former Canons 1A, 2A, 3E(1), 4B and 4G address independence, recusal, teaching and law practice. The opinion explains a magistrate-specific constitutional and statutory exception to the general law-practice ban, citing Allamong.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canons 1A, 2A, 3E(1), 4B, and 4G.
Other authorities cited:
- W. Va. Const. art. VIII, § 7; W. Va. Code §§ 50-1-4, 50-1-12.
- Judicial Inquiry Commission v. Allamong, 162 W. Va. 652, 252 S.E.2d 159 (1979).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2015-02, redacted
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
~,"-t~Y:·-.~,
)
·"'-.,_~,.~.. /'l-
JUDICIAL INVESTIGATION COMMISSION
City Center East • Suite 1200 A
4700 MacCorkle Ave., SE
Charleston, West Vlrglnla 25304
(304) 558·0169 • FAX (304) 558·0831
Febmary 23, 2015
Re: JIC Advisory Opinion 2015-02.
Dear
Yom· request for an advisory opinion was recently reviewed by the Judicial
Investigation Commission. TJ1e factual scenario giving rise to your question is as follows: You are 1m attomey who practices law in County. As part of your practice, you perform pro bono legal work for the County Commission primarily relating to real p1·operty qt1estions. You also teach at Community & Technical College. You have been appointed as Magistrate of County effective April 1, 2015. You intend to engage in the limited ))t'actice of law after your appointment. You want to know whether you can: (1) prepare wills, deeds and landlo1·dpte11ant contracts as part of your limited practice; (2) continue to perfo1m legal work fo1· the Cow1ty Commission on either a fee or pro bono basis; and (3) still teach on legal and 11011-legal matters at a collegiate level.
To address the question which you have raised, the Commission has reviewed Canons lA, 2A and 3E(l)> 4B and 4G of the Code of Judiciul Conduct. Canon IA provides~
An independe11t and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining~ and enforcing lligh standards of conduct, and shall pel'sonally observe those standards so that the integrity and indej>enctence of the judiciary will be preserved. The provisions of this Code are to be construed and ap1,Iied to further that objective.
Canon 2A states:
JIC Adviso1y Opinion 2015-02
February 23, 2015
Page 2 of3
A judge shall respect and comply with the law, shall avoid impropriety and the appearance of impropriety in all of the judge's activities, and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon 3E(l) states:
E. Disqualification.
(I) A judge shall disqualify himself or herself in a proceeding in which the judge's impa1iiality might reasonably be questioned ....
Canon 4B provides:
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.
Canon 4G states:
G. Practice oflaw. -A judge shall not practice law. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge's family.
Impmtantly, the provisions of Article VIII, Section 7 of the Constitution of West Virginia permit attorneys who are magistrates to practice law except to the extent prohibited by the West Virginia Legislature in W. Va. Code §§ 50-1-4 and 50-1-12. Therefore, the Constitution precludes a Canon 4G absolute bar of magistrates from the practice of law. See Judicial Inquily Commission v. Allamong, 162 W. Va. 652, 252 S.E.2d 159 (1979). However, the Court also stated that the practice of law must not interfere with the full performance of a magistrate's duties. Id. The Court noted:
Having asked voters to elect him as magistrate, his first obligation is to that office because a magistrate is a judicial officer, he is subject to all the Canons of the Judicial Code of Ethics. , .. He must not, through his activities as an attorney, jeopardize his impartiality.
Id. at 661, 252 S.E.2cl at 164.
JIC Advisory Opinion 2015-02
Febnrnry 23, 2015
Page2 of3
Based upon the foregoing, you can engage in the limited practice of law within the parameters set forth by the Legislature and as long as it does not impede your service as a magistrate or violate the Code of Judicial Conchwt. To that end, you may prepare wills and deeds and continue teaching at the collegiate level. Since one of your primm·y duties as a magistrate is to hear landlord/tenant dis1mtes including but not limited to eviction proceedings and non-payment of rent, you should refrain from drafting rental agreements. Lastly, you are also precluded from performing any legal work for the County Commission while simultaneously serving as a magistrate.
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,
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
What do the rules say today, for your facts?
This opinion is from 2015. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace