May a West Virginia magistrate attend a nonprofit elimination dinner and list a judicial title on its ticket-holder handout?
Apply this to your situation
This page answers the general question as of 2024. 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 magistrate asked whether the magistrate could buy a ticket and participate in a nonprofit elimination dinner, and whether a handout listing ticket purchasers could identify the buyer by name and judicial title.
The Commission drew on JIC Opinions 2000-04 and 2018-06 to permit attendance and participation unless the sponsor regularly appears before the magistrate or any court. It explained that attendance at an event sponsored by such an organization would create an appearance of bias toward it.
The Commission also relied on its opinion line beginning with JIC Opinion 1999-10 concerning use of judicial titles in outside activities. It permitted listing the magistrate's name as an individual ticket buyer, but rejected listing the magistrate title because doing so could appear to lend judicial prestige to the group's private interests.
In practice
The opinion addresses the described ticket-holder handout and the sponsor's court appearances. It permits the name alone on the handout and conditions participation on the sponsor not appearing regularly before the magistrate or any court.
Common questions
Q: Does the Commission permit a magistrate to participate in the dinner?
A: Yes, if the sponsoring organization does not regularly appear before the magistrate or any court.
Q: May the handout identify the ticket buyer as a magistrate?
A: No. The opinion permits the buyer's name but says the magistrate title cannot be used.
Background and rules framework
The opinion applies the Commission's cited advisory opinions on event participation and judicial-title use. It does not cite a numbered provision of the West Virginia Code of Judicial Conduct.
Citations and references
Other opinions cited:
- JIC Advisory Opinions 2000-04 and 2018-06, elimination-dinner participation.
- JIC Advisory Opinion 1999-10, judicial-title use in outside activities.
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2024-01, redacted
Original opinion text
Reproduced from the official redacted PDF for research purposes. The linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
WV Judicial Tower - Suite 700 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169
January 18, 2024
Re: JIC Advisory Opinion 2024-01
Dear
:
Your request for a formal advisory opinion was recently reviewed by the Judicial Investigation Commission. You want to know if you can participate in an elimination dinner. If so you want to know if your name and magistrate title can appear on a list of those who purchased tickets that is handed out to all participants at the event.
In an elimination dinner, tickets with numbers are sold by a nonprofit to participants. The tickets are then drawn during the dinner in lottery fashion with the last ticket drawn eligible to receive a prize. In JIC advisory opinions 2000-04 and 2018-06, the Commission said that judges could attend and participate in an elimination dinner unless the event was sponsored by an organization which appears regularly before the judge or any court as it would create the appearance, however wrong it may be, that you were biased in favor of that entity.
In a long line of advisory opinions beginning with JIC Advisory Opinion 1999- 10, the Commission has said that judges should not use their titles when participating in extra-judicial activities because it could create the appearance, however wrong it may be, that the judge was lending the prestige of judicial office to advance the private interests of the group.
Therefore, you may participate in an elimination dinner as long as it is not sponsored by an organization which appears regularly before you or any court. You may also have your name placed on the handout since you purchased the ticket in your individual capacity but you cannot use your magistrate title.
JIC Advisory Opinion 2024-01
January 18, 2024
Page 2 of 2
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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