May a judge draft the deed to sell the judge’s own home?
Apply this to your situation
This page answers the general question as of 2020. 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 selling a home asked whether the judge could prepare the deed for the buyer.
The Commission applied Rule 3.10, which bars judicial law practice but allows a judge to act on the judge’s own behalf. It permitted the judge to prepare the deed because the act was pro se, uncompensated, and did not use judicial prestige to advance personal or family interests.
In practice
The permission is limited to the judge’s own transaction on the facts described in the opinion.
Common questions
Q: May the judge prepare the deed for the sale?
A: Yes. The Commission treated the act as permitted pro se conduct.
Q: Did the Commission permit use of judicial office to benefit the sale?
A: No. It relied on the absence of any use of judicial prestige to advance the judge’s interests.
Background and rules framework
Rule 3.10 bars practicing law while allowing a judge to act pro se and to provide specified unpaid assistance to family. Comment 1 allows pro se legal matters but bars use of judicial prestige for personal or family interests.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 3.10 and Comment 1, prohibition on law practice and pro se acts.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-15, 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
June 22, 2020
Re: JIC Advisory Opinion 2020-15
Dear Judge
Your recent request for an advisory op1mon was reviewed by the Judicial Investigation Commission. You are selling your home and want to know if you can prepare your own deed to the buyer.
To address your question, the Commission has reviewed Rule 3.10 of the Code of Judicial Conduct which provides:
A judge shall not practice law. A judge may act prose and may, without compensation, give legal advice to and draft or review documents for the judge's family, but is prohibited from serving as the family member's lawyer in any forum.
Comment [ l] to the Rule states:
A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge must not use the prestige of office to advance the judge's personal or family interests.
Based upon the foregoing, the Commission is of the opinion that you may prepare the deed since you would be acting prose, without compensation, and the matter is not one
nc Advisory Opinion 2020- 15
June 22, 2020
Page 2 of2
that could be construed as you using the prestige of your office to advance any personal or family interests. It is hoped that this opinion fully addresses the issue raised by you. If there is any further question regarding this matter do not hesitate to contact the Commission.
Sincerely,
c:/1;-~fa-
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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