May a judicial law clerk continue teaching skills classes for an attorneys general association?
Apply this to your situation
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 judicial law clerk who previously served as a Deputy Attorney General asked about continuing to teach skills-based professional development classes for an association. The opinion said the clerk volunteered the time and the association paid travel expenses.
The Commission applied Code of Judicial Conduct Rule 3.1 and permitted the teaching on four conditions: the clerk’s judicial duties take precedence; teaching occurs on personal time without court resources for course development or marketing; classes are open to prosecution and defense entities; and the clerk obtains permission from the immediate supervisor.
In practice
The opinion allows the described outside teaching only with all four stated conditions. It addresses a law clerk’s educational work, not a judge’s advocacy or substantive case instruction.
Common questions
Q: Can court staff time or resources be used to develop the course?
A: No. The Commission conditioned its permission on teaching during personal time without court resources for development or marketing.
Q: Must defense entities be able to attend?
A: Yes. The opinion says the class must be open to all prosecution and defense entities.
Q: Is supervisor permission needed?
A: Yes. The law clerk must obtain it from the immediate supervisor.
Background and rules framework
The opinion quotes West Virginia Code of Judicial Conduct Rule 3.1(A) through (C) on interference with judicial duties, frequent disqualification and activities that would appear to undermine independence, integrity or impartiality.
Citations and references
West Virginia Code of Judicial Conduct:
- Rule 3.1(A) through (C), extrajudicial activities.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2025-12, redacted
Original opinion text
Proofread transcription from the official scanned PDF. Brackets mark redactions in the public source; the linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
West Virginia Judicial Tower - Suite 700 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 • FAX (304) 558-0831
September 17, 2025
Re: JIC Advisory Opinion 2025-12
Dear Ms. [redacted]:
Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. You currently serve as a law clerk to the [redacted]. Prior to becoming a law clerk, you were a Deputy Attorney General, where among other things, you taught a series of classes for the [redacted].
The classes you taught are skills-based and non-substantive in nature, focusing on professional development and practical techniques rather than substantive legal or subject-matter instruction. Classes are taught throughout the year in various locations in the United States. You volunteer your time, but the Association pays for travel expenses. Some of the classes are open to anyone, while others are limited to just Attorneys General and their Deputies.
To address your questions, the Commission has reviewed Rule 3.1 of the Code of Judicial Conduct which states:
JIC Advisory Opinion 2025-12
September 17, 2025
Page 2 of 2
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 . . . .
Based upon the foregoing, the Commission is of the opinion that you may continue to teach classes for the [redacted] as long as: (1) your judicial duties as law clerk 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) the class is open to all prosecution and defense entities; and (4) you receive permission from your immediate supervisor.
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/bjl
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