May a magistrate keep dues-only membership in the Fraternal Order of Police?

Plain-English summary

A new magistrate and former sheriff had paid Fraternal Order of Police dues for about ten years but had not attended meetings or events. The only identified benefit was a small life-insurance policy. The magistrate asked whether membership could continue.

The Commission reviewed Rule 3.1(B) and (C) on outside activities. It concluded that the magistrate could not remain a member because the organization was aligned with law-enforcement officers who regularly appeared before the court, creating a possible public perception of favoring law enforcement and prosecution.

In practice

The opinion rejects membership on the stated facts despite the magistrate’s limited participation beyond dues.

Common questions

Q: Could the magistrate keep the membership?

A: No. The Commission prohibited it during magistrate service.

Q: Did dues-only participation avoid the concern?

A: No. The opinion knew participation was limited and still identified perceived alignment with law enforcement.

Background and rules framework

Rule 3.1(B) limits activities leading to frequent disqualification, and Rule 3.1(C) addresses appearances that undermine judicial impartiality. The Commission applied both to police-fraternity membership.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.1(B), (C), outside activities and appearance of impartiality.

See also

• WV JIC Advisory Opinion 2022-25
• WV JIC Advisory Opinion 2023-07

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2021-19, 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

October 25, 2021

Re: JIC Advisory Opinion 2021-19

Dear Magistrate

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

After a long, successful career as a law enforcement officer and Sheriff, you recently accepted an appointment as Magistrate. For about ten years you have been a member of the Fraternal Order of Police ( FOP). However, the extent of your involvement in the FOP has been limited to just paying dues. You have never attended a meeting or attended any event sponsored by the FOP. You do not even have a list of other members. The only benefit you receive from membership is a small life insurance policy. You would like to know if you can remain a member of the FOP while you are a Magistrate.

To address the questions, the Commission has reviewed Rules 3.1 (B), and (C) of the Code of Judicial Conduct which provide:

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:

(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; ...

Based upon the foregoing, the Commission is of the opinion that you cannot belong to this organization while you are a magistrate. Although the organization you belong too may well be fraternal, it is also clearly aligned with law enforcement officers who regularly appear in your courtroom. Membership in this organization may also create a public perception that you are pro-law enforcement and therefore, pro-prosecution.

Thank you for your inquiry. If there is any further question regarding this matter please do not hesitate to contact the Commission.
Sincerely,

Alan D. Moats, Chairperson
Judicial Investigation Commission

ADM/bjl