May a judge host a private online makeup party and receive purchase credits?
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 asked about hosting a private Facebook makeup party for family and close friends. The host could earn store credit or a purchase discount based on sales, and the judge proposed excluding lawyers and people likely to appear in court.
Applying Rules 3.1 and 3.12, the Commission permitted the activity if the judge invited only family or close friends who would not cause disqualification from any proceeding.
In practice
The opinion conditions permission on a limited guest list and absence of a resulting disqualification issue.
Common questions
Q: May the judge host the online sales party?
A: Yes, within the Commission’s stated limit on invitees.
Q: Who may be invited?
A: Only family members or close friends whose participation would not disqualify the judge from a case.
Background and rules framework
Rule 3.1(A)-(E) limits outside activities that interfere with judicial duties, create disqualification or coercion concerns, or misuse court resources. Rule 3.12 permits reasonable compensation for allowed outside activities unless it would appear to undermine judicial independence or impartiality.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 3.1(A)-(E), extrajudicial activities.
- Rule 3.12, compensation for permitted outside activities.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-19, 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
August 27, 2020
Re: JIC Advisory Opinion 2020-19
Dear Judge
Your recent request for an advisory opm10n was reviewed by the Judicial Investigation Commission. The facts giving rise to your question are as follows:
Several of your family members and you use a makeup brand that only can be purchased through an authorized representative. The representative has a private group on Facebook, of which you are all members, and she regularly has people from the group host online makeup parties. Only those people that are invited by the host may participate. The host receives awards in the form of in store credits or a percentage off the purchase of an item. The amount of the credit/percentage off are dependent on the amount of sales at the party. You want to know if it would be pennissible for you to host a party where you only invited family members or close personal fiiends. You would not ask any lawyers or anyone who is likely to come before you in court to attend the event.
To address your question, the Commission has reviewed Rules 3.1 and 3.12 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:
JIC Advisory Opinion 2020-19
August 27, 2020
Page 2 of2
(A) participate in activities that will interfere with the proper perfonnance of the judge's judicial duties;
(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;
(D) engage in conduct that would appear to a reasonable person to be coercive; or
(E) make use of court premises, staff, stationery, equipment, or other resources, except for incidental use for activities that concern the law, the legal system, or the administration of justice, or unless such additional use is permitted by law.
Rule 3.12 - Compensation for Extrajudicial Activities
A judge may accept reasonable compensation for extrajudicial activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undennine the judge's independence, integrity, or impartiality.
Based upon the foregoing, the Commission is of the opinion that it is pem1issible for you to engage in this online activity as long as you only invite family members or close friends who would not cause you to be disqualified from any proceeding. It is hoped that this opinion fully addresses the issue raised by you. If there is any fu1ther question regarding this matter do not hesitate to contact the Commission.
Sincerely,
A la{{t}?ctl~
Judicial Investigation Commission
ADM/tat
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