May a magistrate assistant’s cohabiting partner work as a bail bondsman in the magistrate’s area?

Plain-English summary

The Commission considered whether a magistrate assistant’s cohabiting partner could work as a bail bondsman. Assistants work closely with magistrates on matters including bail.

Applying former Canons 1A, 2A, 3C(5), and 3E(1)(c), and citing earlier bail-bonds opinions, the Commission concluded that the partner should not serve as a bail bondsman in the magistrate’s county or surrounding counties.

In practice

The opinion rejects the proposed bail-bonds work in the magistrate’s county and surrounding area.

Common questions

Q: May the partner work as a bail bondsman in the county?

A: No. The Commission found the arrangement improper.

Q: Does the holding extend to nearby counties?

A: Yes. The opinion also identifies surrounding counties.

Background and rules framework

The opinion invokes former Canons 1A and 2A on judicial independence and appearance, 3C(5) on court personnel, and 3E(1)(c) on economic interests. It cites 2013-10 and other JIC bail-bonds opinions.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canons 1A, 2A, 3C(5), and 3E(1)(c), judicial integrity, personnel and interests.

Prior opinions cited:

• JIC Advisory Opinions 2013-10, 2015-03, August 19, 2005, and August 30, 2010.

See also

• WV JIC Advisory Opinion 2015-17
• WV JIC Advisory Opinion 2015-15

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2015-05, 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

Match 10, 2015

Re: JIC Advisory Opinion 2015-05

Dear

Yolli' request for an advisory opinion was recently reviewed by the Judicial Investigation Commissiou. You want to know if it is appropriate for the cohabi.tating pal111er of a Magistrate Assistant to be employed as a bail bondsma11.

To address the question which you have raised, the Commission reviewed Cauons lA, 2A, 3C(5) and 3E(l)(c) of (he Code ofJudi.cial Conduct Canon lAprovides:

Au independent and honorable judiciary is indispensable to justice in our society. A judge should pa11ieipate in establishing, maintaining, and enforcing high standards of conduct1 Md shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. The provisions of th.is Code are to be constrned and applied to further that objective.

Canon 2A states:

A judge shall respect m1d c.omply with the law, shall avoid impropriety and tl1e appearance ofimpropri.ety 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.

JIC Advisory Opinion 2015-05
March 10, 2015
Page 2 of3

Canon 3C(5) provides:

A judge shall not require any personnel subject to the judge's direction to act contrary to any code of ethics applicable to the judge or to the personnel. . , .

Canon 3E(l )(c) states:

E. Disqualification.

(I) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where:

(c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse, parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other more than de minimis interest that could be substantially affected by the proceeding; ....

In JIC Advisory Opinion 2013-10, the Commission held that it was inappropriate for the spouse of a Magistrate to work as a bail bondsman in the magistrate's county of service or smrnunding areas. In that opinion, we noted:

Magistrates' duties are many and varied. With respect to criminal cases, magistrates hear misdemeanors and conduct preliminary examinations in felonies. They also issue and record affidavits, complaints, arrest warrants, and search warrants, as well as set bail. Rule 5(f) of the Rules of Criminal Procedure for Magistrate Courts provides that "[t]he magistrate who originally sets bail retains jurisdiction with respect to bail only until the case is assigned. The assigned magistrate shall then have jurisdiction until the preliminary examination is held or waived, until the trial is held, or until the case is otherwise disposed." W. Va. Code§ 50-1-12 states that no magistrate shall acquire or hold any interest in any matter which is before the magistrate cou1t.

We also recognized that "[t]ypically a bail bondsman eams his or her money by charging a percentage fee of the bond amount he puts up for a defendant in a
criminal case.
·

Magistrate assistants work closely with the magistrates in all aspects of their duties including the setting and enforcement of bonds. For that very reason,

JIC Advisory Opinion 2015-05
March 10,201.5
Page 3 of3

it would not be proper for the cohabitating partner of a magistrate assistant to serve as a bail bondsman in Preston or surrounding counties. See also JIC Advisory Opinion 2015-03 (a magistrate's spouse cannot be employed as a process server il1 the magistrate's jurisdiction); JIC Advis01y Opinion 8/19/2005 (appearance of impropriety would be created if a Magistrate's brother served as a bail bondsman in his comt); and JIC AdvisolJ' Opinion 8/30/2010 (appearance of impropriety if husband of magistrate served as a bail bondsman).
ft is hoped that this opinion fully addresses the issues which you have raised. If there is any further questions regarding this matter do not hesitate to contact the Commission.

Sincerely,
r:'~~✓l9?1~
Ronald E. Wilson, Chairperson
Judicial Investigation Conunission

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