May a judge run for a church parish council seat or serve on its finance committee?

Plain-English summary

A judge asked whether election to a church parish council or appointment to its finance committee was permitted.

The Commission allowed either role. It reminded the judge that judicial duties take precedence and that the outside-activity and fundraising limits of Rules 3.1 and 3.7(A)(2), (6) still apply.

In practice

The opinion permits the specified church roles subject to the cited limits and priority of judicial duties.

Common questions

Q: May the judge run for parish council?

A: Yes. The Commission permitted the candidacy.

Q: May the judge serve on the finance committee instead?

A: Yes, subject to Rules 3.1 and 3.7(A)(2), (6).

Background and rules framework

Rule 3.1 limits outside activities that interfere with judicial duties, cause frequent disqualification or appear to undermine impartiality. Rule 3.7(A)(2), (6) addresses fundraising solicitation and service as an officer or nonlegal adviser to nonprofit organizations.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.1(A)-(C), outside-activity limits.
• Rule 3.7(A)(2), (6), religious organization service and fundraising.

See also

• WV JIC Advisory Opinion 2017-11
• WV JIC Advisory Opinion 2021-03

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2017-07, 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

February 24, 2017

Re: JIC Advisory Opinion 2017-07.

Dear

Your recent request for an advisory op1mon was reviewed by the Judicial Investigation Commission at its February 17, 2017 meeting. You want to know if you can run for election to your church parish council or in the alternative whether you could be appointed to a seat on the parish finance committee which is a non-elected position.

The Commission has reviewed Rules 3.1, 3.7(A)(2), and 3.7(A)(6) of the Code of Judicial Conduct to address the question which you have raised:

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:

(A)participate in activities that will interfere with the proper performance of the judge's judicial duties;

(B) participate in activities that will lead to frequent disqualification of the judge;

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February 24, 2017
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(C) participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality;

Rule 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:

(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 appellate authority;

(6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity:

(a) will be engaged in proceedings that would ordinarily come before the judge; or

(b) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member

Based on the foregoing, the Commission believes that you may run for a seat on the church parish council or serve on the finance committee. However, you are reminded

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February 24, 2017
Page 3 of3

that your judicial duties take precedence over all of your extracurricular activities and that you must follow the tenets set forth in Rules 3.1 and 3.7(A) (2) and (6).

We hope 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