May a judge discuss juvenile justice and child welfare systems at a CASA gala?

Plain-English summary

CASA invited the requesting judge and two other judges to speak at a gala about the status of the juvenile justice and child welfare systems. The proposed format involved questions and individual conversations intended to educate attendees. The judge asked whether participation was permitted.

The Commission reviewed West Virginia Code of Judicial Conduct Rule 3.1(C), which bars outside activities that would appear to undermine judicial independence, integrity or impartiality. It allowed the judge to speak if the comments were procedural, educational, neutral and detached, and did not create an impression of bias for or against CASA. It said discussing specific cases would be improper.

In practice

The opinion's permission is tied to the content of the judge's remarks at this CASA event: education about the systems without discussing specific cases or conveying a preference toward CASA.

Common questions

Q: Can the judge answer attendees' questions at the gala?

A: The requested format included questions and one-on-one discussion. The Commission allowed speaking under its conditions for procedural, educational and neutral content.

Q: Could the judge discuss a specific juvenile case?

A: No. The Commission expressly described talking about specific cases as improper.

Background and rules framework

The opinion quotes West Virginia Code of Judicial Conduct Rule 3.1(C) on extrajudicial activities that appear to undermine a judge's independence, integrity or impartiality.

Citations and references

West Virginia Code of Judicial Conduct:

• Rule 3.1(C), extrajudicial activities.

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2024-15, 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

August 5, 2024

Re: JIC Advisory Opinion 2024-15

Dear Judge
:

Your request for an advisory opinion was recently reviewed by the Commission.
CASA has asked two other judges and you to present at their GALA event by speaking on the issue of the status of the juvenile justice and child welfare systems. According to you, the set up would allow you to answer questions and have discussions more one on one with attendees of the event with the purpose being to educate those in attendance about the systems. You want to know if you may speak at the gathering.

To address you question the Commission has reviewed Rule 3.1(C) of the Code of Judicial Conduct which states that “[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 participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity or impartiality.”

Based upon the foregoing, the Commission finds that you may speak at the event as long as your comments are procedural in nature, are strictly designed to educate the public about the systems and/or are neutral and detached and do not create the impression that you are biased in favor or against CASA. For example, it would be wholly improper for you to talk about specific cases,

JIC Advisory Opinion 2024-15
August 5, 2024
Page 2 of 2

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