May a circuit judge remain president of a community center nonprofit and help its fundraising?
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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 circuit judge remained president of a volunteer community center nonprofit that rented facilities and raised money. The judge had earlier signed agreements and retained authority over checks and investments.
The Commission allowed continued board service with several limits. The judge could not sign legal agreements, negotiate with renters, keep check or investment-account signature authority, solicit contributions beyond family and judges of equal or greater rank, or take part in press events announcing donations. The judge could attend dinners and fundraisers. If a case involved a renter or leaseholder with an active agreement signed by the judge, the judge should disclose that fact and use Trial Court Rule 17 where applicable.
In practice
The opinion permits governance and attendance while separating the judge from legal agreements, account signatures, most solicitation and donation publicity.
Common questions
Q: May the judge remain board president?
A: Yes, subject to the Commission’s stated limits.
Q: May the judge sign leases or negotiate with renters?
A: No. The opinion bars both.
Q: May the judge attend fundraising dinners?
A: Yes, but the opinion says to avoid press events publicizing donations.
Q: When is case disclosure required?
A: When a court matter involves a renter or leaseholder with an active agreement the judge signed.
Background and rules framework
Rules 1.2 and 3.7 govern apparent impropriety and charitable activities, including board service, fund management and limited fundraising. The opinion also cites Rule 3.10 on law practice when rejecting rental negotiations and calls for Trial Court Rule 17 in cases tied to agreements the judge signed.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 1.2 and Comments 2-3, 5, public confidence.
- Rule 3.7(A)(1), (2), (4), (6) and Comment 3, nonprofit work and fundraising.
- Rule 3.10, law practice concern.
Court rules:
- Trial Court Rule 17, applicable disqualification procedure.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2019-12, 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
May 9, 2019
Re: JlC Advisory Opinion 2019-12
Dear
Your recent request for an advisory opm,on was reviewed by the Judicial fnvestigation Commission. The factual scenario giving rise to your request is as follows:
In February 2018, you formed a non-profit called You have served as the President of the Board of Directors since the non-profit was formed. The initial purpose of was to obtain a closed middle school from the local board of education. The board ended up donating the property to The board also entered into a lease-back agreement with to use the property. You signed the agreement on behalf of MTCC. The agreement renews automatically on the same terms and conditions yearly through the 2020-21 school year.
has also entered into year to year user agreements with organizations such as little league football, basketball, baseball and wrestling, girl scouts and boy scouts. It has also arranged for shorter te1m user agreements with entities such as and daily rentals for parties and other events. also engages in fundraising. Money from these avenues is used to provide a scholarship and to conduct events like summer leagues and camps.
is a completely volunteer organization. There are no paid employees.
Along with several community volunteers, another board member and you handle most of the day-to-day activities. You open the facil ities for renters on occasion, help clean the facilities, make repairs, stock supplies and arrange for volunteers.
JIC Advisory Opinion 20 19-12
May 9, 2019
Page 2 of3
You took office as a circuit court judge on January 2, 2019, after being appointed
by the governor on December 7, 2018. Prior to becoming judge, you signed the legal documents and contracts for You also engaged in fundraising. After becoming judge, you ceased these activities. However, you continue to communicate with prospective daily renters and have finalized terms of a user agreement/lease with You are also an authorized signor for checks and have signature authority with respect to the investment account.
You want to know if you can continue with your present involvement with You also want to know if you can be present at fundraising events/dinners and be present at press events publicizing donations made to Lastly, you want to know what, if any, disclosures would be necessary if you continue to be affiliated with
To address your questions, the Judicial lnvestigation Commission has reviewed Rules 1.2 and 3.7 of the Code of Judicial Conduct. Rule 1.2 states that "[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety." This standard applies to both the professional and personal conduct of a judge. Comment [2] to the Rule states that "[a] judge should expect to be the subject of public scrntiny that might be viewed as burdensome if applied to other citizens and must accept the restrictions imposed by the Code." Comment [3] notes that "[ c]onduct that compromises or appears to compromise the independence, integrity and impartiality of a judge undermines public confidence in the judiciary." Comment [5] sets forth the test for appearance of impropriety - "whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge."
Rule 3.7 allows judges to participate in charitable organizations with some caveats. Rule 3.7(A)(l) lets judges assist charitable organizations in the management and investment of the organization's funds. Rule 3.7(A)(2) allows judges to solicit contributions "for such an organization or entity but only from members of a judge's family, or from judges over _whom the judge does not exercise supervisory or appellate authority." Rule 3.7(A)(4) states that a judge can appear at a program used in connection with an organization event, " But if the event serves a fundraising purpose, the judge may pa1ticipate only if the event concerns the law, the legal system or the administration of justice." Rule 3.7(A)(6) states that a judge may serve as an officer, director, trustee, or nonlegal advisor of such an organization unless it is likely that the entity will be engaged in proceedings that would come before the judge or any court subject to the appellate jurisdiction of the court where the judge is a member. Comment [3] to the Rule provides:
JIC Advisory Opinion 2019-12
May 9, 2019
Page 3 of3
Mere attendance at an event, whether or not the event serves a fund- raising purpose, does not constitute a v iolation of paragraph (A)(4). It is also generally permissible for a judge to serve as an usher or a food server or preparer, or to perform similar functions, at fundraising events sponsored by educational, religious, charitable, fraternal, or civic organizations. Such activities are not solicitation and do not present an element of coercion or abuse the prestige of judicial office.
Based upon the foregoing, the Commission is of the opinion that you may
continue to serve as President of the board with some caveats. As you correctly determined, you cannot be the signatory for any legal documents, contracts, rental agreements, etc. You should not engage in any negotiations with prospective renters/leaseholders as it might be misconstrued by members of the public, however wrong they may be, that you are practicing law in violation of Rule 3.10 of the Code of Judicial Conduct. If a court case comes before you involving an renter or leaseholder who has an active agreement signed by you, you should disclose the same on the record and follow Trial Court Rule 17 where applicable. You also cannot engage in
any fundraising for
except for family members and judges of equal or greater
rank. You should no longer serve as the authorized signor for checks or have signature authority with respect to the entity's investment account. Lastly, you may attend dinners or fundraisers for the organization but you should refrain from any participation in press
events publicizing donations to
Beyond these admonitions, you are otherwise
free to pa11icipate as a board member of
It is hoped that this opinion fully addresses the issues which you have raised.
Please do not hesitate to contact the Commission if you have any other questions regarding this matter.
Sincerely,
a&-v?
The Honorable Alan D. Moats, Chairperson Judicial Investigation Commission
AMD/tat
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