May judicial-branch staff attorneys and law clerks answer public questions through Legal Connect or Free Legal Answers?
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.
Plain-English summary
The requester asked whether judicial-branch staff attorneys and law clerks could volunteer to answer general legal questions through the State Bar’s Legal Connect program or West Virginia Free Legal Answers.
The Commission reviewed Rules 1.2, 2.12(A) and 3.10 on judicial confidence, staff supervision and practice of law. It concluded that judicial-branch attorneys could not volunteer for either program, because a judge could not give such help on a public site when the subject might come before a court or already be pending. The source’s quoted heading calls the practice-of-law rule “3.1,” while its introductory citation says “3.10.”
In practice
The opinion addresses answering legal questions through the two named public programs, where the subject could reach a court.
Common questions
Q: May court attorneys volunteer for the two question-answer services?
A: No. The Commission prohibited the proposed service.
Q: What was the stated concern?
A: The legal question might be pending before a court or might come before one later.
Background and rules framework
The opinion cites Rules 1.2, 2.12(A) and 3.10 in its introduction. Its quoted heading prints “Rule 3.1 – Practice of Law”; the associated text prohibits judges from practicing law.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 1.2, public confidence in the judiciary.
- Rule 2.12(A), supervisory duties.
- Rule 3.10, practice of law (the source’s quoted heading prints “3.1”).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2022-10, 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
February 11, 2022
Re: JIC Advisory Opinion 2022-10
Dear Mr.
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. You want to know if it would be permissible for staff attorneys and law clerks to participate as volunteers for the State Bar's Legal Connect program and the West Virginia Free Legal Answers. The volunteer attorneys in both instances answer general legal questions.
To address your question, the Commission has reviewed Rules 1.2, 2.12(A) and 3.10 of the Code of Judicial Conduct which state:
Rule 1.2 Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Rule 2.12 Supervisory Duties
(A) A judge shall require court staff, court officials and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under this Code.
JIC Advisory Opinion 2022-10
February 11, 2022
Page 2 of 2
Rule 3.1- Practice of Law
A judge shall not practice law. A judge may act pro se and may without compensation, give legal advice to and draft or review documents for a member of the judge's family, but is prohibited from serving as the family member's lawyer in any form.
Based upon the foregoing, since a sitting judge could not provide such help on a site because the matter inquired about may come or already is before a court, attorneys working in the judicial branch may not volunteer for Legal Connect or West Virginia Free Legal Answers.
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.
F. Layton Cottrill, Jr., Esquire, Vice- Chairman1 Judicial Investigation Commission
FLC/tat
1
JIC Chairman Alan D. Moats, Judge of the 19th Judicial Circuit has been appointed as a temporary Justice of the Supreme Court of Appeals of West Virginia beginning February 7, 2022 following the February 6, 2022 resignation of former Justice Evan Jenkins. Judge Moats will serve as a Justice until such time as Governor Justice has filled the vacancy and the appointee takes the bench. Until that time, Judge Moats will serve as a non-voting ex officio member of the JIC.
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