Could a family law master hear a case where a party’s lawyer in an unrelated non-domestic matter was the master’s daughter?
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This page answers the general question as of 1994. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A requester asked whether a family law master could hear a case when the master’s daughter, an attorney, represented one party in a separate non-domestic matter. The question included variants about whether the master knew of that representation.
The Commission found it was not improper for the master to hear the family-law case on those facts. Because of that answer, it declined to address the knowledge variants separately.
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: Could the master hear the case?
A: Yes. The Commission found no impropriety on the stated facts.
Q: Did it separately decide the knowledge variations?
A: No. It said the broad answer made the remaining questions unnecessary.
Background and rules framework
The letter considered the described family-law matter under the Code of Judicial Conduct generally and cited no numbered Canon.
Citations and references
The opinion cites the West Virginia Code of Judicial Conduct generally, without a numbered Canon.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1994-12, 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
September 2, 1994
Re: JIC Advisory Opinion 1994-12
Dear
Your recent request for an advisory opinion was reviewed by the Judicial Investigation Commission at its last meeting. In that inquiry you asked whether it would be improper for a family law master to hear cases in which one of the parties was represented in non-domestic matters by an attorney who is the daughter of the family law master. You asked whether it would be improper if such representation were unknown to the master; if such representation were known to the masteri or if the master had actual knowledge of such representation.
After reviewing your request and analyzing it within the context of the Code of Judicial conduct, the Judicial Investigation Commission feels that it would not be improper for a family law master to hear cases in which one of the parties was represented in non-domestic matters by an attorney who is the daughter of the master. Since this response has been made to your request, it is not necessary to address the other questions which you raised in your correspondence.
It is hoped that this opinion fully addresses those .qµe.stions .which :y..ou raised in yDur .correspondence to ±he Commission. If there is any additional question concerning this matter, do not hesitate to contact the Commission. trulf yours, i
F, ' O,l.>~t, Chairman
FLF,II/bl
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