Could a lawyer continue domestic relations practice while temporarily finishing former family law master cases?
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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 former family law master, now practicing domestic relations law, was temporarily appointed special family law master to complete a few cases heard during prior service.
Although former Canon 6C commentary ordinarily barred family law masters from accepting domestic relations matters, the Commission found no violation in maintaining the practice during this narrowly limited temporary appointment. It said a change in the appointment or responsibilities would require renewed review.
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 lawyer maintain the domestic relations practice?
A: Yes, during the described temporary and narrowly limited appointment.
Q: What could change the analysis?
A: An alteration in the nature of the appointment or the scope of special-master duties.
Background and rules framework
Former Canon 6C and its commentary addressed part-time judicial officers and domestic relations practice. The Commission distinguished this temporary assignment to finish previously heard cases.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 6C and commentary, continuing part-time judges and legal practice.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 1994-15, 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.
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JUDICIAL INVESTIGATION COMMISSION
2i 2 Dickinson Street
Post Office Box 1629
Charleston, West Virginia 25326~ 1629
(304} 558-0169 FAX (304) 558-083i
October 7, 1994
Re: JIC Advisory Opinion 1994-15
Dear
Your recent corresponden ce to Chief Justice was forwarded to the Judicial Investigatio n Commission and reviewed at its most recent meeting. In that corresponden ce you state that you have been temporarily appointed a special family law master for Region 9. You state that since you quit being a family law master on June 30, your private practice of law has included the representati on of individuals in domestic relation matters. You ask whether you could engage in a domestic relations practice while serving as a special family law master.
It is the understandin g of the Commission that your service as a special family law master is limited and directed at the completion of a few cases which you heard while serving as a family law master. canon 6 of the Code of Judicial Conduct defines the application of the Code to continuing part-time judges. The commentary to that Canon states that "a family law master shall not accept any domestic relations matter or serve as an attorney in any proceeding related to a case in which he or she has served as a family law master . . . " Given the temporary nature of your appointment and its narrow scope, the Commission feels that you would not be violating Canon 6C by serving as a special family law master to complete the cases in question and maintaining a domestic relations practice in your practice of law. However, if the nature of your appointment or the scope of your responsibili ties as special family law master are altered, this matter would need to be subsequently addressed.
- 2 - October 7, 1994
It is hoped that this fully addresses the questions which you have raised. If there is any further question regarding this matter, do not hesit te to contact the Commission.
ry trutours,
llh.. ox, ,L ed L. II, Chairman
FLF,II/bl
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