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W. Va. Code Jud. Conduct 3.3

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Rule 3.3 Testifying as a Character Witness

Canon 3: A Judge Shall Conduct The Judge’s Personal And Extrajudicial Activities To Minimize The Risk Of Conflict With The Obligations Of Judicial Office

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Rule Text

A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when subpoenaed to testify.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Judges are not allowed to testify as character witnesses in legal proceedings. This means a judge cannot go to court and vouch for someone's good character or reputation, even if they know that person well. The only exception is if a judge is officially subpoenaed, meaning ordered by the court, to testify.

The reason behind this rule is simple. A judge's opinion carries extra weight because of their position and title. If judges could freely offer character testimony, people might use their connections to judges to gain an unfair advantage in court. This rule keeps judges from being used, or from using their office, to influence the outcome of someone else's case.

For regular people, this means you cannot ask a judge you know to write a letter or testify on your behalf in a legal matter to vouch for your character. Judges have to say no to these requests unless a court specifically orders them to appear and testify.

Committee Notes

COMMENT

[1] A judge who, without being subpoenaed, testifies as a character witness abuses the prestige of judicial office to advance the interests of another. See Rule 1.3. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness.

[2] Whether or not the demands of justice indicate the judge should testify depends on the nature and depth of the judge's actual awareness of the character of the party for whom the judge would testify. It also depends upon the actual necessity that it be the judge, as opposed to another possible witness who is called to testify. Only if the judge is in a unique position to offer meaningful testimony about the individual should the judge testify.

Clerk's Notes on Rule 3.3

Rule 3.3 is based entirely on the 2007 Model Rules, with the exception of the final phrase: “subpoenaed to testify” is used instead of the Model Rule language “duly summoned.” Comment [1] is based entirely on the 2007 Model Rules. Comment [2] is not contained in the Model Rules, but was added in order to provide specific guidance in accord with applicable case law.

← Previous Rule 3.2: Appearances Before Governmental Bodies and Consultation with Government Officials Next → Rule 3.4: Appointments to Governmental Positions