W. Va. Jud. Cond. 2.8

As amended through January 31, 2024

Rule 2.8 - Decorum, Demeanor, and Communication with Jurors

(A) A judge shall require order and decorum in proceedings before the court.

(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control.

(C) A judge shall not commend or criticize jurors for their verdict, but may express appreciation to jurors for their service to the judicial system and the community.

W. Va. Jud. Cond. 2.8

COMMENT

[1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate.

[2] Commending or criticizing jurors for their verdict may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case. A court order or opinion specifically addressing a juror's conduct or the jury's findings is not prohibited by Rule 2.8(C).

[3] A judge who is not otherwise prohibited by law from doing so may meet with jurors who choose to remain after trial but should be careful not to discuss the merits of the case.

Clerk's Notes on Rule 2.8

Rule 2. 8(A) and (B) and the comment are based on the 2007 Model Rules, with some modification. Rule 2.8(C) is a modified version of the Model Rule that retains the language from Canon 3B(10) about expressing appreciation to jurors for their service. Language from the Model Rule that would permit a judge to commend or criticize jurors in an order was removed, and a new sentence was added to the end of Comment [2] that allows an order or opinion to address a juror's conduct or a jury's verdict.