May a magistrate teach paid handgun safety classes outside court hours?
Apply this to your situation
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 newly appointed magistrate asked to keep teaching paid handgun safety classes for civilians a few times each year on weekends.
The Commission applied Rules 3.1, 3.12 and 3.15. It permitted the teaching if it did not interfere with judicial duties. The magistrate should screen prospective students for cases pending in the magistrate’s courtroom, recuse when appropriate, and report the training compensation on annual financial disclosures.
In practice
The opinion permits the outside teaching with case screening, appropriate recusal and financial reporting.
Common questions
Q: May the magistrate continue teaching?
A: Yes, if the classes do not interfere with judicial duties.
Q: What about students with pending cases?
A: The Commission called for screening prospective students and recusal where appropriate.
Q: Must the income be reported?
A: Yes. The opinion directs compliance with Rule 3.15 and annual financial disclosures.
Background and rules framework
Rule 3.1(A)-(C) limits outside activities, Rule 3.12 governs compensation for allowed activities, and Rule 3.15 sets public reporting duties for such compensation.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 3.1(A)-(C), outside activities.
- Rule 3.12, compensation.
- Rule 3.15(A)(1), (B), (C), annual compensation reporting.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2019-14, 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
4 700 MacCorkle Ave. , SE
Charleston. West Virginia 25304
(304) 558-0 169 • FAX (304) 558-0831
June 3, 2019
Re: JIC Advisory Opinion 2019-14
Dear
Your recent request for an advisory oprnton was reviewed by the Judicial Investigation Commission. The factual scenario giving ,ise to your request is as follows:
You were recently appointed to serve as Magistrate. Prior to taking the position, you would occasionally teach National Rifle Association ("NRA") handgun safety classes in your area so that members of the public can obtain their concealed carry pem1it. You want to know if you can continue to serve as an NRA safety insh·uctor. The classes occur a "few times" a year. They usually take place on the weekends at such places as local gun shops or fire departments. You do not teach law enforcement - just civilians. The class sizes are usually between ten (10) and fifteen (15) individuals, and the members pay you for the training.
To address your question, the Commission has reviewed Rules 3.1 (A), (B) and (C), 3.12 and 3.15(A)(l), (B) and (C) of the Code of Judicial Conduct which state:
Rule 3.1 - Extrajudicial Activities in General
A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:
(A) participate in activ1t1es that will interfere with the proper perfo1mance of the judge's judicial duties;
DC Advisory Opinion 2019-14
June 3, 2019
Page 2 of2
(B) participate in activities that will lead to frequent disqualification of the judge;
(C) participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality; ...
Rule 3.12 - Compensation for Extrajudicial Activities
A judge may accept reasonable compensation for extrajudicial activities petmitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity or impartiality.
Rule 3.15- Reporting Requirements
(A) A judge shall publicly report the amount or value of:
(1) Compensation received for extrajudicial activities as pennitted by Rule 3 .12; ...
(B) When public reporting is required by paragraph (A), a judge shall report the date, place, and nature of the activity for which the judge received any compensation ....
(C) The public report required by paragraph (A) shall be made annually by July 1 for the preceding calendar year, and must be filed as a public document in the office of the Clerk of the Supreme Court of Appeals.
Based upon the foregoing, the Commission is of the opuuon that you may continue to teach the NRA handgun safety classes as long as they do not interfere with your position as a magistrate. You should screen potential students for cases cun-ently pending in your courtroom and voluntarily recuse yourself from presiding over those matters whenever appropriate. Lastly, you should follow the reporting requirements of Rule 3 .15 and list the trainings on your annual financial disclosure statements.
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,
@~~~
The Honorable Alan D. Moats, Chairperson Judicial Investigation Commission
Al\4D/ tat
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