May a magistrate hold a yard sale of personal household goods at home?
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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.
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
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2019-11, redacted
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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