May a judge sell personal items at a neighborhood block yard sale?

Short answer West Virginia JIC Opinion 2018-08 finds no Judicial Conduct Code violation when the judge joins a block yard sale to sell only personal items for personal gain.
Bar
JUDICIAL-WV
Issued
April 23, 2018

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This page answers the general question as of 2018. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2018
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Several households on a judge’s street planned a block yard sale. The judge asked whether the judge could sell personal items from the home yard alongside family members.

The Commission found the proposed participation did not violate the Code’s rules governing outside activities because the judge would sell only personal items for personal gain.

In practice

The conclusion covers the stated sale of the judge’s own personal items from the judge’s yard.

Common questions

Q: May the judge join the block yard sale?

A: Yes. The Commission found no Code violation on the stated facts.

Q: What limitation did the Commission describe?

A: The judge would sell only personal items for personal gain.

Background and rules framework

The Commission reviewed the Code of Judicial Conduct provisions governing activities outside judicial duties, without naming a specific numbered rule.

Citations and references

West Virginia Code of Judicial Conduct:

  • The opinion identifies no numbered Code provision.

See also

Source

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

April 23, 2018

Re: JlC Advisory Opinion 2018-08.

Dear

Your recent request for an advis01y opinion was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: Several homes on your street/ block are participating in a " block yard sale." Along with other members of you r family, you would like to participate by selling your items from the yard of your home.

The Commission has reviewed the Code of Judicial Conduct to address the question which you have raised. The Commission is of the opinion that your participation in a block yard sale would not violate any rules of the Code of Judicial Conduct governing extrajudicia l activities since you will be selling only the items belong to you for your personal gain.

We hope this opinion fully add resses the issue which you have raised. If there is any fu1ther question regarding this matter do not hesitate to contact the Commission.

;;~~ Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/bjl

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