May a new judge leave their name on a former firm’s materials or use its office and equipment?
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
A newly appointed judge had practiced in a two-lawyer firm with the judge’s father. The judge asked about the old firm name, occasional work at the old office, and use of exercise equipment.
Under former Canons 4G and 2A, the Commission allowed the father to retain the firm name through year-end strictly for income tax purposes. It required prompt removal of the judge’s name from signs and public-facing materials, barred judicial work at the old office and use of office equipment, and allowed exercise equipment only after normal business hours.
In practice
The opinion ends public and working ties to the former firm while allowing the specified temporary tax use of its name and after-hours exercise equipment.
Common questions
Q: May the father keep the old firm name for tax purposes?
A: Yes, through year-end solely for income tax purposes.
Q: May the judge work there or use firm equipment?
A: No judicial work or office equipment use is permitted there; exercise equipment may be used after hours.
Background and rules framework
Former Canon 4G prohibits judges from practicing law. Former Canon 2A addresses avoidance of impropriety and the appearance of ongoing practice. The Commission applied both to public firm materials and the judge’s office use.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canons 4G and 2A, law practice and appearance of impropriety.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2015-09, 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
July 30, 2015
Re: JIC Advisory Opinion 2015-09.
Dear
Y9ur recent request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: Your father and you are partners in a two-lawyer firm known as The firm name is on various items such as your letterhead, envelopes, business cards, and tax returns. The law office has several amenities including exercise equipment. You have recently been appointed Judge of the Judicial Circuit, and you recognize that you will be disqualified from presiding over any of your father's cases. You want to know if you remove your name from the letterhead and business cards would it be permissible for your father to continue to use the name PLLC, until the end of the year for tax purposes. You also want to know If you can use your office at the firm from time to time in the evenings to work on Judicial matters. Lastly, you want to know if it would 1:1lso be permissible for you to use the exercise equipment there.
Canon 4G of the Code of Judicial Conduct states that 11[a] judge shall not practtce law." Meanwhile, Canon 2A provides:
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.
JIC Adviso,y Opinion 2015-09
July 30, 2015
Page 2
The Commentary to Canon 2A notes that a judge "must expect to be the subject of constant public scrutiny" and "must therefore accept restrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly!'
In applying the foregoing to your factual scenario, the Commission is of the opinion that it is not unreasonable for your father to use the firm name until the end of the year strictly for income tax purposes. However, all outward signs which may give the impression that you are still practicing law after you become judge should be removed forthwith. In other words, your name should no longer be on any firm signs, letterhead, envelopes, business cards, etc. You should also refrain from doing any judicial work at your old office or using any of the office equipment at the firm. You may still use the exercise equipment but only after normal business hours. Any business connection with the firm - other than the use of the exercise equipment after the office has closed for th<;! day- must end.
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, . ~
~&n-- Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
,.,,
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