May a magistrate hold a yard sale of personal household goods at home?

Short answer West Virginia JIC Opinion 2019-11 permits the personal yard sale if it is not raising money for charity.
Bar
JUDICIAL-WV
Issued
April 30, 2019

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This page answers the general question as of 2019. 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 2019
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 Not binding precedent.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

A magistrate asked whether household goods and clothing could be sold at a home yard sale.

After reviewing the Code, the Commission permitted the sale if it was not a charitable fundraiser. It cited JIC Opinion 2018-08, which had permitted the magistrate to join a block sale of personally owned items for personal gain.

In practice

The opinion permits a sale of the magistrate’s own items for personal proceeds, while excluding a charity fundraiser.

Common questions

Q: May the magistrate hold the yard sale?

A: Yes, if the sale is not raising money for charity.

Q: What may be sold?

A: The request described mostly household items and clothes belonging to the magistrate.

Background and rules framework

The Commission said it reviewed the Code but did not identify a numbered provision. It treated the personal sale consistently with JIC Opinion 2018-08.

Citations and references

Other opinions cited:

  • JIC Advisory Opinion 2018-08, personal items at a block yard sale.

See also

Source

Original opinion text

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

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April 30, 2019

Re: JIC Advisory Opinion 2019-11.

Dear Magistrate

Your recent request for an advisory op1mon was reviewed by the Judicial Investigation Commission at its April 26, 2019 meeting. You want to know whether you can hold a yard sale at your home. You indicated that you would sell mostly household items and clothes.

After reviewing the Code of Judicial Conduct, the Commission is of the opinion that you can hold a yard sale at your house as long as you are not raising money for charity. This decision is consistent with JIC Advisory Opinion 2018-08 in which the Judicial Investigation Commission stated that you could participate in a block yard sale since you would be selling only items belonging to you for personal gain.

We hope this opinion fully addresses the issue which you have raised. If there is any further question, please do not hesitate to contact the Commission.

Sincerely,

C?/4;,ld~
Alan D. Moats, Chair
Judicial Investigation Commission

ADM/ tat

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