May a West Virginia magistrate form an LLC to teach paid investigative training outside the state?
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This page answers the general question as of 2025. 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 who had worked as a sex-crimes investigator asked whether an LLC could offer a paid, eight-hour training class on sex-crimes investigations. The proposed audience included law enforcement, defense lawyers, prosecutors, judges, child advocates, CPS and academics. The magistrate proposed to advertise the class nationally for about $2,500 less expenses.
The Commission reviewed Code of Judicial Conduct Rules 2.1, 3.1, 3.11, 3.12 and 3.15. It permitted the venture subject to conditions: judicial duties take precedence; the magistrate teaches on personal time without court resources for course development or marketing; marketing and teaching are limited to out-of-state individuals or groups; the class is open to prosecution and defense entities; the magistrate does not use the judicial title or position for the activity or discuss pending or impending cases before any court; and the Administrative Director gives prior written approval.
In practice
The opinion permits this magistrate's proposed LLC teaching venture under the listed conditions. It also quotes the Code's rules on outside business, reasonable compensation and public reporting.
Common questions
Q: May the magistrate advertise or teach the class to West Virginia groups?
A: The Commission conditioned its approval on marketing and teaching to out-of-state individuals or groups only.
Q: Can the magistrate use court resources or the magistrate title to promote the course?
A: No. The opinion requires personal time, no court resources for development or marketing, and no use of the magistrate title or position for the activity.
Q: Must the class be open to defense participants?
A: Yes. The Commission requires it to be open to all prosecution and defense entities.
Q: Is approval required before starting the venture?
A: Yes. The opinion requires prior written approval from the Administrative Director.
Background and rules framework
The opinion quotes West Virginia Code of Judicial Conduct Rule 2.1 on precedence of judicial duties; Rule 3.1 on extrajudicial activities; Rule 3.11(B) on closely held business participation; Rule 3.12 on reasonable outside compensation; and Rule 3.15 on public reporting of compensation and related details.
Citations and references
West Virginia Code of Judicial Conduct:
- Rules 2.1, 3.1, 3.11(B), 3.12 and 3.15, judicial duties, outside activities, business participation, compensation and reporting.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2025-11, 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 26, 2025
Re: JIC Advisory Opinion 2025-11
Dear
:
Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission at its recent meeting. You currently serve as a magistrate. Prior to becoming a magistrate, you were a former sex crimes investigator and had qualified and testified as an expert in the subject in court. You have created an 8 hour in- service style class for law enforcement, defense attorneys, prosecutors, judges, child advocates, CPS and academics on the subject. The class will address but not be limited to typology of alleged offenders, evidence collection, neurobiology of trauma, interviewing suspects and victims, report writing and common mistakes of investigation. You want to start an LLC and advertise the class online throughout the country at a cost of approximately $2500.00 less expenses. In your request, you say you do understand that you can’t use your title as a magistrate to promote your business.
To address your questions, the Commission has reviewed Rules 2.1, 3.1, 3.11, 3.12 and 3.15 of the Code of Judicial Conduct which state:
Rule 2.1 – Giving Precedence to the Duties of Judicial Office
The duties of judicial office, as prescribed by law, shall take precedence over all of a judge’s personal and extrajudicial activities.
JIC Advisory Opinion 2025-11
August 26, 2025
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 3.11 – Financial, Business, or Remunerative Activities
(B) A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in:
(1) A business closely held by the judge or members of the judge’s family; . . . .
Rule 3.12 – Compensation for Extrajudicial Activities
A judge may accept reasonable compensation for extrajudicial activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality.
Rule 3.15 – Reporting Requirements
(A) A judge shall publicly report the amount or value of:
(1) Compensation received for extrajudicial activities as permitted by Rule 3.12; . . . .
(B) When public reporting is required by paragraph (A), a judge shall report the date, place, and nature of the activity for which the judge received any compensation; the description of any gift, loan, bequest, benefit or other thing of value accepted; and the source of reimbursement of expenses or waiver or partial waiver of fees or charges;
(C) The public report required by paragraph (A) shall be made annually by July 1 for the preceding calendar year, and must be JIC Advisory Opinion 2025-11
August 26, 2025
Page 3 of 3
filed as a public document in the office of the Clerk of the Supreme Court of Appeals.
Based upon the foregoing, the Commission is of the opinion that you may engage in such endeavor as long as: (1) your judicial duties take precedence; (2) the teaching is done on your own time and no court resources are used in the development or marketing of the course; (3) you market and teach to out of state individuals or groups only; (3) the class is open to all prosecution and defense entities; (4) you do not use your title or position as a magistrate for the extrajudicial activity; (5) you do not discuss any pending or impending cases before any court; and (6) you obtain the prior written approval of the Administrative Director to engage in the venture.
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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