May a judge work as a paid auctioneer or call bids at charity auctions?

Plain-English summary

A sitting judicial officer who had been an auctioneer before taking the bench asked about reinstating an auctioneer license, calling bids part-time for other auction companies, and conducting nonprofit charity auctions. The officer proposed working outside office and on-call hours without compromising judicial duties.

The Commission reviewed West Virginia Code of Judicial Conduct Rules 3.1(A)-(C) and 3.7(A)(2). It permitted paid part-time auctioneering only on the judge's own time, without interference with judicial duties, and contingent on written approval from the Administrative Director of the Supreme Court of Appeals. It flagged potential disclosure and disqualification issues and said frequent conflicts would require reconsidering the work. It prohibited participation in charity auctions under Rule 3.7(A)(2).

In practice

The opinion treats paid commercial auctioneering and charity auctions differently. Its permission for paid work is conditional on written administrative approval, timing and court-duty limits; its answer on charity auctions is a prohibition.

Common questions

Q: Is written approval required for paid auctioneer work?

A: Yes. The Commission expressly made the work contingent on written approval from the Administrative Director of the Supreme Court of Appeals of West Virginia.

Q: May the judge volunteer to call bids at a nonprofit auction?

A: No. The Commission said the judge must not participate in charity auctions because that would violate Rule 3.7(A)(2).

Background and rules framework

The opinion quotes West Virginia Code of Judicial Conduct Rule 3.1(A)-(C) on outside activities that interfere with judicial duties, cause frequent disqualification or undermine impartiality, and Rule 3.7(A)(2) on limited solicitation of contributions for covered organizations.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.1(A)-(C), extrajudicial activities.
• Rule 3.7(A)(2), soliciting charitable contributions.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2024-08

Original opinion text

Reproduced from the official 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

March 13, 2024

Re: JIC Advisory Opinion 2024-08

Dear :

The Commission has considered your recent request for an advisory opinion.
You are running for judicial office in the May 2024 election. You have served continually since January 1, 2021. Prior to taking the bench, you were an auctioneer. You want to know if you can have your auctioneer license reinstated and serve as part- time auctioneer performing bid calls for other auction companies. You would also like to perform at non-profit charity auctions on behalf of such entities as United Way, Relay for Life, 4-H or FFA. You further stated:

[M]y commitment to my responsibilities within the Judicial Branch . . . will remain unwavering. I am fully aware of the importance of maintaining the highest standards and professionalism and integrity in my job. My intention is to pursue this endeavor outside of the office hours, when I am not on call and ensure that it will not conflict with or compromise my [judicial] duties.

To address your question, the Commission has reviewed Rules 3.1(A)(B) and (C) and 3.7(A)(2) of the Code of Judicial Conduct which state:

JIC Advisory Opinion 2024-08
March 13, 2024
Page 2 of 3

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:

(A) Participate in activities that will interfere with the proper performance of the judge’s judicial duties;
(B) Participate in activities that will lead to frequent disqualification of the judge;
(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: . . . .

(2) soliciting contributions for such an organization or entity, but only from members of the judge’s family, or from judges over whom the judge does not exercise supervisory or appellate authority; . . . .

Based upon the foregoing, the Commission is of the opinion that you may work part-time as a paid auctioneer. The work must be strictly done on your own time, must not interfere in any way with your judicial duties, and is contingent upon written approval by the Administrative Director of the Supreme Court of Appeals of West Virginia. You should be mindful of potential disqualification/disclosure issues. If you find yourself being conflicted off too many court cases because of your auctioneering endeavors then you must consider refraining from such work. Importantly, the Commission is of the opinion that you must not involve yourself in charity auctions as it would be violative of Rule 3.7(A)(2).

JIC Advisory Opinion 2024-08
March 13, 2024
Page 3 of 3

Thank you for your inquiry. Please do not hesitate to contact the Commission should you have any further questions, comments or concerns.

Sincerely,

Alan D. Moats, Chairperson
Judicial Investigation Commission

ADM/tat