May an elected magistrate maintain a law-enforcement officer certification?

Plain-English summary

An elected magistrate had held a law-enforcement officer certification since completing training in 1991 and had kept it current through annual training and firearms qualifications. The magistrate asked whether certification could continue after election.

The Commission reviewed Rule 2.3(A) on duties without bias and Rule 2.4(B) on outside relationships influencing judicial judgment. It found that maintaining the certification while serving as magistrate could appear to a reasonable person to favor law-enforcement entities that appear before the court. It therefore said the two could not be maintained simultaneously.

In practice

The opinion addresses maintaining the certification during magistrate service, even though the requester had held it before election.

Common questions

Q: Could the magistrate maintain the certification?

A: No. The Commission rejected simultaneous certification and magistrate service.

Q: What concern drove the answer?

A: The Commission identified an appearance that the magistrate might favor law-enforcement entities before the court.

Background and rules framework

Rule 2.3(A) requires judicial duties without bias or prejudice. Rule 2.4(B) bars outside interests or relationships from influencing judicial judgment. The Commission applied both to continued police certification.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 2.3(A), duties without bias or prejudice.
• Rule 2.4(B), external influence on judicial conduct.

See also

• WV JIC Advisory Opinion 2023-07
• WV JIC Advisory Opinion 2023-10

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2022-25, 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

August 17, 2022

Re: JIC Advisory Opinion 2022-25.

Dear

Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission. The factual scenario giving rise to your request is as follows: you completed the Basic Law Enforcement Officer Training through the State of West Virginia in 1991. Since then, you have maintained that certification by completing the mandatory yearly in-service training hours and firearms qualifications. You would like to know if you can maintain your Law Enforcement Officer Certification now that you have been elected as a magistrate.

The Commission has reviewed the Code of Judicial Conduct to address the question which you have raised. Specifically, the Commission looked at Rules 2.3(A) and 2.4(B).
Rule 2.3 Bias, Prejudice, and Harassment (A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.
Rule 2.4 External Influences on Judicial Conduct (B) A judge shall not permit family, social, political, financial, or other interests or relationships to influence the judge's judicial conduct or judgment.

The Commission is of the opinion that a Magistrate maintaining a Law Enforcement Officer Certification could give the appearance, however wrong it may be, to a reasonable person that the Magistrate would favor law enforcement entities that appear in front of them. Therefore, the Commission believes that you would not be able to simultaneously maintain your Law Enforcement Officer Certification and sit as a Magistrate.

We hope this opinion fully addresses the issue which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Sincerely,

Judicial Investigation Commission

ADM/bjl