May a judge accept appointment to a public university’s board of governors?
Apply this to your situation
This page answers the general question as of 2017. 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 asked whether service on a university board of governors was permitted. The governor appointed board members under state law.
The Commission found the appointment incompatible with West Virginia Constitution Article VIII, § 7, which bars judges from another governmental public-trust appointment, and Rule 3.4, which restricts appointments to governmental boards to those concerning law, the legal system or administration of justice.
In practice
The opinion bars the specified gubernatorial appointment to the university board.
Common questions
Q: May the judge join the university board?
A: No. The Commission found the appointment barred by the state constitution and Rule 3.4.
Q: Why did Rule 3.4 matter?
A: The board was not a governmental position concerning law, the legal system or the administration of justice.
Background and rules framework
Rule 3.4 limits governmental board appointments for judges. The opinion applies that rule alongside West Virginia Constitution Article VIII, § 7 and identifies W. Va. Code § 18B-2A-1 et seq. as the source of the governor’s appointment authority.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 3.4, governmental appointments.
Constitution:
- W. Va. Const. art. VIII, § 7, other governmental offices and public-trust appointments.
Statutes:
- W. Va. Code § 18B-2A-1 et seq., university board appointments.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2017-18, 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
August 22, 2017
Re: JIC Advisory Opinion 2017-18.
Dear
Your recent request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. You want to know if you can serve on the Board of Governors for University. Pursuant to W. Va. Code§ 18B-2A-l, et seq., the Governor makes all appointments to the School's Board of Governors.
To address the question which you have raised, the Commission reviewed the Constitution of West Virginia, Article VIII,§ 7, which provides in pertinent part:
No justice, judge or magistrate shall hold any other office, or accept any other appointment for public trust, under this or any other government; . ..
The Commission also reviewed Rule 3.4 of the Code ofJudicial Conduct which states that "[a] judge shall not accept appointment to a governmental committee, board, commission or other governmental position, unless it is one that concerns the law, the legal system or the administration of justice."
Based upon the foregoing, it is the position of the Judicial Investigation Commission that you cannot serve on the School's Board of Governors because such an appointment would violate the Constitution of West Virginia, Aiticle VIII, § 7 and Rule 3.4 of the Code of Judicial Conduct.
It is hoped that this opinion fully addresses the issues which you have raised.
If there is any further question regarding this or any other matter do not hesitate to
JI C Advisory Opinion 20 17- 18
August 22, 20 17
Page 2 of2
contact the Commission.
Sincerely,
Ronald E. Wilson, Chairperson
Judicial Investigation Commission
REW/tat
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