Rule 3.4 Appointments to Governmental Positions

COMMENT

[1] Rule 3.4 implicitly acknowledges the value of judges accepting appointments to entities that concern the law, the legal system, or the administration of justice. Even in such instances, however, a judge should assess the appropriateness of accepting an appointment, paying particular attention to the subject matter of the appointment and the availability and allocation of judicial resources, including the judge's time commitments, and giving due regard to the requirements of the independence and impartiality of the judiciary.

[2] A judge may represent his or her country, state, or locality on ceremonial occasions or in connection with historical, educational, or cultural activities. Such representation does not constitute acceptance of a government position.

[3] A judge's appointment to a government board or commission relating to the law, the legal system, or the administration of justice is generally not the kind of incompatible or time-consuming position prohibited under the dual office-holding provision of West Virginia Constitution, Article VIII, § 7.

Clerk's Notes on Rule 3.4

Rule 3.4 and Comments [1] and [2] are based entirely on the 2007 Model Code. Comment [3] is not in the Model Rules, and is intended to clarify that the “other office or appointment” language of West Virginia Constitution, Article VIII, § 7 has no application to a judge’s incidental service on a government board or committee that is not a separate office or employment in conflict with judicial duties and obligations.