Could a chief circuit judge appoint a family law master’s spouse to a law librarian vacancy?

Plain-English summary

A requester asked whether a chief circuit judge could appoint the spouse of a family law master to a vacant law librarian post without violating the Code’s nepotism and favoritism rule.

The Commission applied former Canon 3C(4), which required merit-based impartial appointments. It said the proposed person could be appointed if the position was filled on merit and without favoritism.

Currency note

This opinion was issued in 1994, before West Virginia adopted its 2015 Code of Judicial Conduct, effective December 1, 2015. Subsequent rule changes or later opinions may have changed the analysis. Treat this page as historical context and verify the current Code before relying on the letter's conclusion.

Common questions

Q: Was the family relationship an automatic bar?

A: No. The Commission allowed the appointment if based on merit and free of favoritism.

Q: What standard did it apply?

A: Former Canon 3C(4)’s requirement of impartial, merit-based appointments.

Background and rules framework

Former Canon 3C(4) required judges to exercise appointment power impartially, on merit, and without nepotism or favoritism.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 3C(4), appointments, merit, and favoritism.

See also

• WV JIC Advisory Opinion 1995-37: Son practicing in judge’s circuit

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1994-09, redacted
• Code adoption date: West Virginia JIC 2015 Annual Report

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

JUDICIAL INVESTIGATION COMMISSION
Room E-400, State Capitol

Charleston 25305

July 5, 1994

Re: JIC Advisory Opinion 1994-09

Dear
Your recent correspondence to Counsel for the Judicial Investigation Commission dated June 17, 1994, was reviewed by the Commission at its recent meeting. In that correspondence you asked for an advisory opinion on the provisions of Canon JC (4) as it relates to the appointment of judicial personnel. You stated in your letter that there is currently
a vacancy for a law librarian in
1 and that the _

position is appointed by the Chief Circuit Judge. The individual the judge wishes to appoint is the wife of a family law master. You asked whether her appointment by the judge would constitute favoritism under the provisions of the Canon. You also asked whether this situation could cre~te an appearance of impropriety under Canon 2. canon JC (4) states:
CANON 3

A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY

c. Administrative Responsibilities.
(4) A judge shall not make unnecessary appointments.
A judge shall exercise the power of appointment impartially and on the basis of merit. A judge shall avoid nepotism and favoritism. A judge shall not approve compensation of appointees beyond the fair value of services rendered.

-2-
July 5, 1994

This Canon prohibits a judge from demonstrating favoritism in making an appointment. It further requires that any appointments made by a judge be done on the basis of merit.
After reviewing your request, the Commission feels that if the position in question is filled on the basis of merit, and without favoritism, then the person the judge wishes to appoint could be placed in the position.
If there you have any further question regarding this matter, do not hesitate to contact the Commission. ery tr{ly yours,

,mi~,tt. red L. Fox, II, Chairman
FLF,II/bl