May an appellate court accept a law library from a dissolving firm whose lawyers are retiring?
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
A dissolving law firm offered its modest library for use by Intermediate Court of Appeals judges and staff. Its lawyers were retiring or finishing their last two cases and were not expected to appear before either court.
The Commission reviewed Rule 3.13(A) and (B)(7) on gifts and complimentary resource materials. By analogy to books supplied by publishers for official use, it permitted the donation under the stated conditions: no cost to the court, official work use and no likely future appearances by the donor lawyers.
In practice
The opinion treats the donated books as official resources and relies on the firm’s closure and the lawyers’ expected retirement.
Common questions
Q: Could the court accept the firm’s books?
A: Yes. The Commission permitted the donation under the circumstances described.
Q: Why did the lawyers’ retirement matter?
A: The opinion notes that they were not likely to appear before either court after the donation.
Background and rules framework
Rule 3.13(A) restricts gifts that would undermine judicial independence, integrity or impartiality. Rule 3.13(B)(7) permits certain complimentary books and resources for official use. The Commission used that provision by analogy.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 3.13(A), gifts that undermine judicial independence or impartiality.
- Rule 3.13(B)(7), complimentary resource materials for official use.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2022-18, 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 15, 2022
Re: JIC Advisory Opinion 2022-18
Dear Mr.
Your request for an advisory opinion to Counsel was recently reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: A retired area attorney who belongs to a three person firm advised the Court that he/she would like to donate his/her firm’s modest law library for use by the judges of the Intermediate Court of Appeals and their staff. The firm is in the process of wrapping up its affairs and dissolution and is no longer accepting clients. The firm’s two remaining lawyers have either retired or are winding down two cases which are expected to resolve by the end of the year at the latest. Upon the resolution of the current caseload and closure of the firm, all three lawyers will be retired from the practice of law. The lawyers are not expected to appear in front of either court prior to their retirement.
You want to know if the Court may accept the donation. To address your question, the Commission has reviewed Rule 3.13 of the Code of Judicial Conduct which states in pertinent part:
(A) _ A judge shall not accept or knowingly permit staff, court officials and others subject to the judge’s direction and control to accept — any gifts, loans, bequests, benefits, or other things of value if acceptance is prohibited by law or would appear to a reasonable person to undermine the judge’s independence, integrity or impartiality; JIC Advisory Opinion 2022-18 July 15, 2022 Page 2 of 2
(B) Unless otherwise prohibited by law, or by paragraph (A), a judge may accept the following without publicly reporting such acceptance: ...
(7) books, magazines, journals, audiovisual materials and other resource materials supplied by publishers on a complimentary basis for official use;
Based upon the foregoing, the Commission is of the opinion that the Court may accept the donation under the parameters set forth above. By way of analogy, the Commission likens the law firm donation to that books supplied by publishers on a complimentary basis. The law firm is donating the books so there is no cost to the Court. The books will be used for official work-related purposes. Lastly, the firm lawyers will all be retired and are not likely to appear before either Court.
The Commission hopes that this opinion fully addresses the issues which you have raised. Please do not hesitate to contact the Commission should you have any questions, comments or concerns.
Sincerely,
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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