May a West Virginia judge establish and participate in a Teen Court when the judge's spouse contracts with the school board?

Plain-English summary

A judge asked whether the judge could establish and participate in a Teen Court diversion program despite the spouse's business contract with the county Board of Education. The request described a voluntary program under W. Va. Code § 49-4-716, with teens serving in courtroom roles and lawyers mentoring them.

The Commission reviewed West Virginia Code of Judicial Conduct Rule 3.1(C) on outside activities that appear to undermine impartiality and Rule 3.7(A)(6) on service with educational and civic organizations. It concluded there would be no conflict with the judge establishing and participating in the proposed Teen Court in the judge's circuit.

In practice

The opinion's conclusion addresses this Teen Court arrangement and the disclosed school-board contract held by the judge's spouse. It identifies no additional condition for the described participation.

Common questions

Q: Did the spouse's school-board business contract bar the judge's participation?

A: No. The Commission found no conflict on the stated facts.

Q: Which judicial conduct rules did the Commission review?

A: It reviewed Rules 3.1(C) and 3.7, concerning apparent impartiality and service with organizations.

Background and rules framework

The opinion quotes Rules 3.1(C) and 3.7(A)(6) of the West Virginia Code of Judicial Conduct and identifies W. Va. Code § 49-4-716 as the Teen Court statute supplied in the request.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.1(C), apparent impartiality in outside activities.
• Rule 3.7(A)(6), service with educational or civic organizations.

Statute cited:

• W. Va. Code § 49-4-716, Teen Courts.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2023-12, redacted

Original opinion text

Reproduced from the official redacted PDF for research purposes. 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

May 8, 2023

Re: nc Advisory Opinion 2023-12.

Dear Judge

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 would like to establish and participate in a Teen Court program. You would like to know if your participation would be appropriate due to a business contract your wife has with the County Board of Education.

You stated that WV Code§ 49-4-716 deals with the establishment of Teen Courts, which are a voluntary pre-petition diversion court wherein a teen with behavioral issues may agree to participate to save themselves the costs and consequences of an actual court case. Such a court makes use of volunteer members of the bar to mentor a teen playing the role of prosecutor, another playing the role of defense counsel, and others serving as a jury. Another attorney (or judge) serves the role of judge over the program.

The Commission has reviewed the Code of Judicial Conduct to address the question which you have raised. Specifically, the Commission looked at Rules 3.l(C) and 3.7.

Rule 3 .1 Extrajudicial Activities in General 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:
(C) participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality;

Rule 3.7 Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities
(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:

(6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity:
(a) will be engaged in proceedings 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.

The Commission is of the opinion that a there would be no conflict with you establishing and participating in a Teen Court in your circuit.

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,
d~~fa-
Alan D. Moats, Chairperson
Judicial Investigation Commission

ADM/bjl