May a judge speak to reporters about an abuse case backlog while a related show-cause order is pending?
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 judge issued a show-cause order in an abuse and neglect matter after learning of a backlog of referrals. Reporters asked about the backlog and the order.
The Commission applied Rule 2.10(A) and concluded that the judge could not make a public statement about the matter while the show-cause order was pending in the judge’s court.
In practice
The opinion bars the proposed media statement during the pending show-cause proceeding.
Common questions
Q: May the judge comment on the backlog to the media?
A: No. The Commission said Rule 2.10(A) precluded a statement about the pending matter.
Q: What made Rule 2.10 relevant?
A: A related show-cause order was pending in the judge’s court.
Background and rules framework
Rule 2.10(A) restricts public statements that might affect the outcome or fairness of a pending or impending matter. The Commission cited Comment 1 on independence and impartiality.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 2.10(A) and Comment 1, judicial statements on pending matters.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2019-16, redacted
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
West Virginia Judicial Tower - Suite 700 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 ¢ FAX (304) 558-0831
June 13, 2019
Re: JIC Advisory Opinion 2019-16
Dear Judge
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows:
On June 12, 2019, you issued a rule to show cause against the West Virginia Department of Health and Human Resources in an abuse/neglect matter upon learning that there is a backlog of 1,100 cases in your jurisdiction that have been referred but for which no action has been taken for over thirty days. The media has learned that a crisis team is being sent to your county to begin working on the issue and would like you to comment. You want to know whether you can speak to the media about the backlog and that you issued the show cause order.
To address your question, the Commission has reviewed Rule 2.10 of the Code of Judicial Conduct which states in pertinent part:
Rule 2.10 -Judicial Statement on Pending and Impending Cases
(A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic — statement that might substantially interfere with a fair trial or hearing. JIC Advisory Opinion 2019-16 June 13, 2019 Page 2 of 2
Comment [1] to the Rule states that the "restrictions on judicial speech are essential to the maintenance of the independence, integrity and impartiality of the judiciary.
Based upon the foregoing, the Commission is of the opinion that Rule 2.10(A) precludes you from making any statement about the matter since the rule to show cause is pending in your Court. 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,
Mn > 0 cbebo
The Honorable Alan D. Moats, Chairperson
Judicial Investigation Commission
AMD/tat
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