May a magistrate act as the judge in a charity’s mock jail-and-bail fundraiser?

Plain-English summary

A charitable organization invited a magistrate to act as a judge at a mock jail-and-bail fundraiser in which supporters created fictitious charges and raised donations for their release.

The Commission reviewed Rule 3.7(A)(2) and its comment distinguishing service roles at fundraisers from solicitation. It concluded that the magistrate could not take the mock-judge role because the public might understand the participation as soliciting contributions for the charity.

In practice

The opinion rejects the proposed judge role at this fundraiser because of its appearance as charitable solicitation.

Common questions

Q: Could the magistrate play the judge in the mock event?

A: No. The Commission prohibited the role.

Q: Why did the Commission distinguish ordinary event help?

A: It quoted a comment allowing tasks such as ushering or serving food that are not solicitation, then found the proposed judge role could look like solicitation.

Background and rules framework

Rule 3.7(A)(2), subject to Rule 3.1, limits judicial solicitation for charitable organizations. Comment 3 distinguishes ordinary service at fundraising events from solicitation.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.7(A)(2) and Comment 3, charitable-event participation and solicitation.
• Rule 3.1, incorporated by Rule 3.7(A).

See also

• WV JIC Advisory Opinion 2022-23
• WV JIC Advisory Opinion 2022-30

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2021-16, 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

July 26, 2021

Re: JIC Advisory Opinion 2021-16

Dear Magistrate

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

A 501(c)(3) charitable organization is celebrating its 70th anniversary by holding a fundraiser in the form of a Jail and Bail where supporters have "created phony charges, set their bail amounts and collected donations to secure their bail." You have been asked to serve as judge for the event. You want to know if you can participate in the activity.

To address your question, the Commission has reviewed Rule 3.7(A)(2) of the Code of Judicial Conduct which states:

Rule 3.7 Participation in ... Charitable .. . Organizations and Activities

(A) Subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by . .. or on behalf of educational, religious, charitable, fraternal or civic organizations not conducted for profit, including but not limited to the following activities: ...

(2) soliciting contributions for such an organization or entity, but only from members of the judge's family, or from judges over whom the judge does not exercise supervisory or appellate authority;

JIC Advisory Opinion 2021-16
July 26, 2021
Page 2 of 2

(emphasis added). Comment [3] to the Rule notes that it is "generally permissible for a judge to serve as an usher or a food server or preparer, or to perform similar functions, at fund-raising events sponsored by ... charitable ... organizations. Such activities are not solicitation and do not present an element of coercion or abuse of the prestige of judicial office."

Based upon the foregoing, the Commission finds that you cannot serve as a judge for the charitable event because the public may misconstrue, however wrong they may be, your participation as solicitation of donations for the organization. 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,

Judicial Investigation Commission

ADM/tat