May an administrative assistant in a county probation office also serve as a poll worker?

Plain-English summary

The Administrative Director asked whether a county probation office administrative assistant could serve as a poll worker. Circuit judges hired probation employees and retained authority over them, although probation supervisors directed daily work.

The Commission considered the partisan nomination and county appointment process for poll workers, Rules 1.2, 2.12(A) and 3.4, and Article VIII, Section 7 of the state Constitution. It concluded that the probation assistant could not concurrently serve as a poll worker in any election.

In practice

The opinion applies its prohibition to the probation administrative assistant’s concurrent poll-worker service.

Common questions

Q: May the assistant work at the polls while holding the probation position?

A: No. The Commission barred concurrent service in any election.

Q: Who hires and controls the probation employee?

A: The opinion says circuit judges hire probation employees and they serve at the judges’ pleasure, with day-to-day supervision by probation officers.

Background and rules framework

Rule 1.2 addresses judicial independence and public confidence. Rule 2.12(A) requires judges to direct staff consistently with judicial obligations, and Rule 3.4 restricts governmental appointments. The opinion also cites W. Va. Const. art. VIII, § 7 and election provisions concerning poll-worker selection.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 1.2, public confidence.
• Rule 2.12(A), court staff conduct.
• Rule 3.4, governmental appointments.

Constitution and statutes:

• W. Va. Const. art. VIII, § 7, other government offices.
• W. Va. Code §§ 3-1-28 through 3-1-30, poll-worker selection.

See also

• WV JIC Advisory Opinion 2021-10
• WV JIC Advisory Opinion 2020-17

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2020-12, 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

April 13, 2020

Re: JIC Advisory Opinion 2020-12.

Dear Administrative Director

Your recent request for an advisory optruon was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to the request is as follows:

You want to know if an administrative assistant in a county probation office can serve as a poll worker in the June 2019 election. Circuit Judges arc responsible for hiring probation employees. Probation employees serve at the w ill and pleasure of the Circuit Judges even tho ugh the Chief Probation Officer and a Deputy Chief Probation Officer provide day to day supervision.

A person must meet several requirements in order to operate as a poll worker including "be a registered voter" of the county in which they serve. Poll workers are nominated by the county executive committee fo r each of the two major political parties in the county by a majority vote at a duly called meeting. The executive committee must file in writing a list of all nominated persons and the positions they are nominated for to the appointing body, which is the County Commission. The County Commission appoints the poll workers no later than 49 days before the election. See generally W . Va. Code§§ 3- 1- 28, 29 and 30.

To address the question which you have raised, the Commission has reviewed Rules 1.2, 2.12(A) and 3.4 of the Code of Judicial Conduct. Rule 1.2 states that " [a] judge s hall act at all times in a manner that promotes public confidence in the independence, integrity,

JIC Advisory Opinion 2020- 12
April 13, 2020
Page 2 of 2

and impaiiiality of the judiciary, and shall avoid impropriety and the appearance of impropriety." Rule 3.4 provides that "[a] a judge shall not accept appointment to a governmental committee, board, commission or other governmental position, unless it is one that concerns the law, the legal system, or the administration ofjustice." This provision is consistent with W. Va. Const., Art. VIII§ 7 which provides that "[n]o justice, judge or magistrate shall ho ld any other office, or accept any appointment or public trust, under this or any other government. .." Meanwhile, Rule 2.12(A) of the Code states that "[a] judge shall require court staff, court officials and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under this Code."

Based upon the foregoing, the Commission is of the opinion that an administrative assistant in a county probation office shall not concurrently serve as a poll worker in any election. It is hoped that this opinion fully addresses the issue raised by you. Ifthere is any further question regarding this matter do not hesitate to contact the Commission.

Sincerely,

Alan D. Moats, Chairperson
Judicial Investigation Commission

ADM/tat