W. Va. Code of Jud. Conduct R. 3.3

History

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