May a magistrate-elect ride in a charity fundraiser that solicits donations?

Plain-English summary

An incoming magistrate asked about joining a United Way fundraising bicycle ride. The organizer would seek donations, and the request did not say whether riders also had to secure sponsors.

The Commission permitted participation only as an individual, with no use of the magistrate-elect title or name in promotion or public fundraising. It limited any personal solicitation to family members and judges outside the magistrate’s supervisory or appellate authority.

In practice

The opinion permits the ride as an individual while excluding use of the magistrate-elect’s name in promotion or advertising and public donation requests.

Common questions

Q: May the magistrate-elect ride?

A: Yes, as an individual and within the stated fundraising limits.

Q: May the organizer use the magistrate-elect’s name to solicit donations?

A: No. The Commission barred that use.

Background and rules framework

Rule 3.7(A)(2) limits judicial solicitation for charitable organizations to family members and judges outside supervisory or appellate authority. The Commission applied it to the bike fundraiser.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.7(A)(2), charitable solicitation.

See also

• WV JIC Advisory Opinion 2017-11
• WV JIC Advisory Opinion 2017-15

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2016-16, redacted

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

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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 19, 2016

Re: JIC Advisory Opinion 2016-16.

Dear

Your recent request for an advismy opinion was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: For the past 18 years,
you have served as the Circuit Clerk of_
Cmmty. On May 10,-2016, you were elected to
the position of Magistrate, and your tenn of office will begin on January 1, 2017. You are an avid long distance bicyclist. You have been approached by the
County United Way to participate in a ride from St. Louis, Missouri to Cla.-ksburg on September I 1, 2016, for the Fall Kickoff F1mdraiser for the organization. You indicate that "the United Way will do the bulk of the fund1·aising'' by going to individuals and businesses asking for donations. You do not say whether participants are also required to find sponsors/per mile contributors for the ride. You understand that as a Magistrate-Elect you arn hound by the entire Code of Judicial Conduct. You want to know if you can participate -in the bike ride.

The Commission has_reviewed Rule 3.7(A)(2) to address the question which you have raised. The Rule provides:

Rule 3, 7 Pa•·ticipation in Educational, Religious, Charitable, Fraternal, or Civic Ol'ganizations 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 01· on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including but not limited to the following activities:

JIC Advisory Opinion 2016~16
July 19,2016
Page2 of2

(2) soliciting contributions for such an organization or entity, but only from members of the judge's family, or from judges over whom the judge does not exercise supervisory or appe11ate authority;
Based upon the foregoing, the Commission believes that you may participate in the event on a limited basis. You may ride as an individual but not as a Magistrate-Elect for County. Your name cannot be 11sed in any promotional materials or advertisements for the event. Your name also cannot be used to solicit donations from the public, and you may personally only seek contributions from family membet·s or judges who you will not exercise appellate authority over or supervise.

We hope this opinion fully addresses the issue which you have raised. If there is any fuliher question regarding this matter ·do not hesitate to contact the Commission.

Sincerely,

Ronald E. Wilson, Chairperson
Judicial Investigation Cornmissi?n

REW/bjl