May a judge’s law clerk volunteer on research and education for a university consumer-law center?

Plain-English summary

A judge’s law clerk proposed volunteer research and editing for the Center of Consumer Law & Education at WVU College of Law. The work would involve academic and legal research, finance education materials and communications with students and legal practitioners. It would provide no legal advice or consumer representation and would use no court resources or court time.

The Commission reviewed Rule 3.7, subject to Rule 3.1, including provisions on legal-system organizations and nonlegal advisory roles. It concluded that the law clerk could volunteer for the center as described in the request.

In practice

The permission is tied to the nonrepresentational research and educational role described, performed on the clerk’s own time and without court resources.

Common questions

Q: Could the clerk volunteer for the center?

A: Yes. The Commission allowed the work as set out in the letter.

Q: Did the proposed role include consumer representation?

A: No. The request stated the clerk would provide neither legal advice nor representation to consumers.

Background and rules framework

Rule 3.7(A), subject to Rule 3.1, addresses participation in organizations concerned with the law and the legal system. The opinion quotes Rule 3.7(A)(5) and (6) before approving the described volunteer activity.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.7(A)(5), (6), participation in legal-system organizations.
• Rule 3.1, incorporated by Rule 3.7(A).

See also

• WV JIC Advisory Opinion 2023-02
• WV JIC Advisory Opinion 2023-12

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2022-16, 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 1, 2022

Re: JIC Advisory Opinion 2022-16
Dear Judge

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. You want to know if your law clerk can volunteer with the Center of Consumer Law & Education (“CCLE’”) located at WVU’s College of Law. According to you, your law clerk would assist with academic and legal research in relation to consumer rights, law, policy and education. He would also edit basic finance education materials and help bridge communications between legal practitioners and students. His contact would be limited to the Director of the CCLE and others who are affiliated with the organization. Importantly, he would not be providing any legal advice or any representation to any consumers, and he has indicated that the volunteer work would be done on his own time without the use of any court resources.

To address your question, the Commission has reviewed Rule 3.7 of the Code of Judicial Conduct which states in pertinent part:

(A) Subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice and those 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: . . . .

(5) making recommendations to such a public or
private fund-granting organization or entity in
connection with its programs and activities, but only JIC Advisory Opinion 2022-13 July 1, 2022 Page 2 of 2

if the organization or entity is concerned with the

law, the legal system, or the administration of

justice; and

(6) serving as a... nonlegal advisor of such an

organization or entity unless it is likely that the

organization or entity:

(a) will be engaged in proceeding that would
ordinarily come before the judge; or

(b) will frequently be engaged in adversary
proceedings in the court of which, the judge is a
member, or in any court subject to the appellate
jurisdiction of the court of which the judge is a
member.

Based upon the foregoing, the Commission is of the opinion that your law clerk may volunteer for CCLE as set forth in this letter. 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,

Alan D. Moats, Chairperson
Judicial Investigation Commission

ADM/tat