May a judge recommend a lawyer for appointment to the Workers’ Compensation Board of Review?
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 was asked to recommend a lawyer seeking a seat on the Workers’ Compensation Board of Review. The Commission applied Rule 1.3 and its comments on personal-knowledge references and official letterhead.
It concluded that the judge could write a reference if the content was truthful and based on personal knowledge. The opinion says Rule 1.3 does not restrict who may be the subject of such a letter. It also explains why Canon 4 candidate endorsement rules did not apply to this executive-branch quasi-judicial position.
In practice
The permission concerns a reference for this executive-branch appointment based on the judge’s own knowledge and the conditions stated in Rule 1.3.
Common questions
Q: May the judge recommend the applicant?
A: Yes, if the letter is truthful, based on personal knowledge, and follows Rule 1.3.
Q: May official letterhead be used?
A: Rule 1.3 Comment 2 permits it only if its use would not reasonably be seen as pressure from judicial office.
Background and rules framework
Rule 1.3 bars using judicial prestige to advance another’s interests. Its Comment 2 permits references based on personal knowledge and limits use of letterhead. The opinion also discusses Comment 2 to Application I and the inapplicability of Canon 4 candidate endorsement limits to the position described.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 1.3 and Comments 2-3, references and judicial prestige.
- Application I Comment 2, executive-branch hearing officers.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2020-23, 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 6, 2020
Re: .TIC Advisory Opinion 2020-23
Dear Judge
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. The facts giving rise to your question are as follows:
There is a vacancy on the Worker's Compensation Board of Review. A lawyer that you know has decided to apply for the position and has asked you to write a letter of reference on his/her behalf. You want to know if you may write the recommendation.
To address your question, the Commission has reviewed Rule 1.3 of the Code of Judicial Conduct which state that " [a] judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so. " Comments [2] and [3] to the Rule are instructive and state:
[2] A judge may provide a reference or recommendation for an individual based upon the judge's personal knowledge. The judge may use official letterhead if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office.
[3] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees, and by responding to inquiries from such entities concerning the professional qualifications of person being considered for judicial office.
JIC Advisory Opinion 2020-23
October 6, 2020
Page 2 of2
The Commission notes that Rule l .3 places no restrictions on who may be the subject of the reference letter. The only requirements as to its content are personal knowledge and truthfulness. Moreover, a member of the Worker's Compensation Board of Review is a quasi- judicial officer within the executive branch of government. Therefore, it is important to rem ember that our Code of Judicial Conduct does not "apply to administrative law judges[s], hearing examiner[s] or similar officer within the executive branch of government. . .. " See Comment [2] to Application I of the Code. Thus, any strictures pertaining to endorsing or opposing a candidate for election or appointment contained in Canon 4 would not apply in this case.
Based upon the foregoing, the Commission finds that you may write a reference letter for an attorney seeking an appointment to the Worker's Compensation Board of Review as long as you follow the tenets of Rule 1.3. 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,
Ala?nl:a~h
: Z~
Judicial Investigation Commission
ADM/tat
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