May a senior-status magistrate also serve as a court-appointed condemnation commissioner?

Short answer West Virginia JIC Opinion 2022-02 permits the concurrent part-time roles on the facts that magistrate courts do not handle eminent-domain cases and the appointment comes from a judge.
Bar
JUDICIAL-WV
Issued
January 4, 2022

Apply this to your situation

This page answers the general question as of 2022. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A senior-status magistrate asked whether to accept a circuit judge’s appointment as a condemnation commissioner. Commissioners determine compensation for property taken by eminent domain and might meet up to six times per year for a modest meeting payment.

The Commission reviewed Rule 3.1(A)-(E) and found no violation on the stated facts: both roles were part-time and as needed, magistrate courts did not handle eminent-domain proceedings, a judge made the appointment, no coercion was feasible and court resource use would be lawful. It permitted concurrent service.

In practice

The permission rests on the limited commissioner role and the separation of eminent-domain proceedings from magistrate court work described in the opinion.

Common questions

Q: Could the senior magistrate accept the appointment?

A: Yes. The Commission allowed concurrent service as a condemnation commissioner.

Q: Why did the case type matter?

A: The opinion notes that magistrate courts have no involvement in eminent-domain proceedings.

Background and rules framework

Rule 3.1(A)-(E) limits outside activities that interfere with duties, cause frequent disqualification, undermine impartiality, appear coercive or improperly use court resources. The opinion also identifies the statute governing commissioner appointments.

Citations and references

West Virginia Code of Judicial Conduct:

  • Rule 3.1(A)-(E), extrajudicial activities.

Statute cited:

  • W. Va. Code § 54-2-1 et seq., appointment of condemnation commissioners.

See also

Source

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

January 4, 2022

Re: JIC Advisory Opinion 2022-02

Dear Magistrate

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. Specifically, you want to know if you can concurrently serve as a senior status magistrate and a condemnation commissioner.

The facts giving rise to your request are as follows: You are a senior status magistrate. The Chief Judge in the circuit in which you reside wants to appoint you as a condemnation commissioner. Pursuant to W. Va. Code§ 54-2-1 et seq., the circuit court appoints all of the condemnation commissioners. A condemnation commissioner is tasked with ascertaining just compensation for any person(s) whose real property has been taken by eminent domain. According to you, condemnation commissioners may meet up to six times a year and each is paid up to $50.00 per meeting.

To address you question, the Commission has reviewed Rule 3.1 of the Code of Judicial Conduct which states:

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:

(A) Participate in activities that will interfere with the proper performance 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.

The JIC is of the opinion that serving concurrently as a senior status magistrate and a condemnation commissioner does not violate any of the foregoing provisions since both jobs are part-time/as needed; magistrate courts have no involvement with eminent domain proceedings; condemnation commissioner appointments are made by a judge and not another branch of government; no element of coercion feasible exists; and any use of court resources would be permitted by law. Therefore, the JIC finds that you may concurrently serve as a senior status magistrate and a condemnation commissioner.

We hope that this opinion fully addresses the issue which you have raised. Please do not hesitate to contact the Commission should you have any questions, comments or concerns or desire additional advice.

Sincerely,

Judicial Investigation Commission

ADM/tat

What do the rules say today, for your facts?

This opinion is from 2022. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace