May a judge keynote a domestic violence program luncheon when the program regularly receives court referrals?
Apply this to your situation
This page answers the general question as of 2016. 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 keynote a domestic violence program luncheon. The judge regularly ordered litigants into the program and received progress reports from its director; the event was educational and did not raise net proceeds for the group.
The Commission concluded that the keynote role was improper under Rules 1.2, 3.1(C) and 3.7(A)(4). It emphasized the group’s representation of one interest in a legal field and the possibility of recurrent appearances before the judge.
In practice
The opinion bars the specified keynote speech despite the event’s educational purpose and lack of net fundraising proceeds.
Common questions
Q: May the judge keynote the luncheon?
A: No. The Commission found the role improper.
Q: Did the event need to raise money for that conclusion?
A: No. The opinion described a cost-neutral luncheon and still rejected the keynote role.
Background and rules framework
Rules 1.2 and 3.1(C) concern public confidence and apparent impartiality. Rule 3.7(A)(4) governs speaking at organizational events, including fundraisers.
Citations and references
West Virginia Code of Judicial Conduct:
- Rules 1.2, 3.1(C) and 3.7(A)(4), organizational speaking and impartiality.
Other opinions cited:
- JIC advisory opinions dated Feb. 19, 2002; Aug. 29, 1997; and Apr. 24, 1997.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2016-15, 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
June 14, 2016
Re: JIC Advisory Opinion 2016-15.
Dear
Your recent request for an advisory opinion was reviewed by the Judicial
Investigation Commission. The factual scenario giving rise to your request is as follows: You have been asked to be the keynote speaker at a luncheon sponsored by Community Alternatives to Violence (“CAV”), which facilitates the Batterers Intervention program for and Counties. You acknowledge that you order litigants to attend the program, mostly from domestic violence proceedings and occasionally from child custody proceedings. You also routinely get updates from the director of the program and sometimes have to schedule hearings based on the reports.
The luncheon is for the purpose of educating and creating awareness of family violence and the services provided by CAV. The luncheon is required by CAV’s
memorandum of understanding with
Women’s Center. CAV receives no
money from the luncheon as the cost of the meal equals the amount charged by the event venue for the food.
The Commission has reviewed Rules 1.2, 3.1(C) and 3.7(A)(4) of the Code of Judicial Conduct to address your question. The Rules provide in pertinent part:
JIC Advisory Opinion 2016-15
June 14, 2016
Page 2 of 3
Rule 1.2 Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Rule 3.1 Extrajudicial Activities in General
A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:
(C) participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality;
3.7 Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities
(A) Subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including but not limited to the following activities: . . . .
(4) appearing or speaking at, receiving an award or other recognition at, being featured on the program of, and permitting his or her title to be used in connection with an event of such an organization or entity, but if the event serves a fund-raising purpose, the judge may participate only if the event concerns the law, the legal system, or the administration of justice;
The organization which you have named in your letter represents just one interest in a particular area of law. Based on the group’s activities, its members could appear before you on a recurrent basis. It is therefore the opinion of the Commission that it
JIC Advisory Opinion 2016-15
June 14, 2016
Page 3 of 3
would not be proper to be the keynote speaker for the CAV luncheon. This decision is consistent with JIC Advisory Opinions 2/19/02, 8/29/97 and 4/24/97 attached hereto.
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.
Sincerely,
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/bjl
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