Can a person with a misdemeanor domestic assault conviction serve as a West Virginia magistrate?
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 prospective magistrate candidate had pleaded guilty to misdemeanor domestic assault and asked whether the conviction barred a campaign or service.
The Commission interpreted W. Va. Code § 50-1-4’s ban on magistrates convicted of misdemeanors involving moral turpitude. It classified the domestic assault conviction as involving moral turpitude and concluded that the requester could not serve as a magistrate. It said it would seek ballot removal if the requester ran.
In practice
The opinion applies the statutory qualification to the requester’s domestic assault conviction and says the requester cannot serve.
Common questions
Q: Does the conviction disqualify the requester?
A: Yes. The Commission treated misdemeanor domestic assault as a moral-turpitude offense under § 50-1-4.
Q: What did the Commission say would happen if the requester ran?
A: It said it would bring a ballot-removal action.
Background and rules framework
W. Va. Code § 50-1-4 sets magistrate qualifications and excludes a person convicted of a felony or a misdemeanor involving moral turpitude. The Commission also cited a ballot-commissioners case concerning candidate removal. The opinion cites no numbered Code of Judicial Conduct rule.
Citations and references
Statutes:
- W. Va. Code § 50-1-4, magistrate qualifications.
Cases:
- State ex rel. Judicial Investigation Commission v. Putnam County Board of Ballot Commissioners, 237 W. Va. 99, 785 S.E.2d 805 (2016), cited for ballot removal.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2019-23, 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
October 30, 2019
Re: JIC Advisory Opinion 2019-23
Dear Mr.
Your recent request for an advisory opm10n was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows:
On or about November 10, 2012, you were charged with the misdemeanor offenses of domestic battery and domestic assault in County
Magistrate Court Case Nos.
. On or about November 13, 2012, you
notified the court that you "don't want a court appointed attorney. I will represent myself." On December 6, 2012, you pleaded guilty to the domestic assault charge. In exchange for your plea of guilty, the domestic battery charge was dismissed. You were sentenced to 90 days in jail with 3 days credit for time served. You were to serve 17 days on home confinement and the remainder of the sentence was suspended for one year unsupervised probation.
You are now contemplating a run for magistrate in the May 2020 election. You want to know if you are barred from running/taking office because of your domestic assault conviction. W. Va. Code § 50-1-4 sets forth the qualifications to serve as magistrate in the State of West Virginia and provides:
Each magistrate shall be at least twenty-one years of age, shall have a high school education or its equivalent, shall not have been convicted of any felony or any misdemeanor involving moral turpitude and shall reside in the county of his election. No magistrate shall be a member of the immediate family of any other magistrate in the county.
Based upon the foregoing, the Judicial Investigation Co1m11ission is of the opinion that a misdemeanor conviction for domestic assault involves "moral turpitude" and
JIC Advisory Opinion 2019-23
October 30, 20 19
Page 2 of2
therefore precludes you from sitting as a magistrate in West Virginia. Furthem1ore, if you choose to run, the Commission will be forced to bring an action against you to have your name removed from the ballot. See State ex rel. Judicial Investigation Com 'n v. Putnam County Board of Ballot Commissioners, 237 W. Va. 99, 785 S.E.2d 805 (2016).
It is hoped that this opinion fully addresses the issues which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.
Sincerely,
tU,<--;}-
Alan D. Moat , Chairperson
Judicial Investigation Commission
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