Could a full-time family law master remain an officer of a local bar association?

Plain-English summary

A full-time family law master serving as secretary of a local bar association asked whether continued service and the customary progression to vice president and president were proper.

The Commission applied former Canon 4C(3)(a) and concluded that the master should no longer serve as a bar officer. It acknowledged that the bar association itself would not be in the relevant proceedings, but reasoned that at least some members would be.

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 continue as bar secretary?

A: No. The Commission said the full-time master should stop serving as an officer.

Q: Did the association itself appear in adversary cases?

A: The Commission said it did not, but some of its members did.

Background and rules framework

Former Canon 4C(3)(a) restricted service with civic bodies likely to be engaged in proceedings before a judge or regularly in adversary proceedings.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4C(3)(a), civic roles and court proceedings.

See also

• WV JIC Advisory Opinion 1995-16: Trial lawyers membership

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1994-19, 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.

[1
JUDICIAL INVESTIGATION COMMISSION
212 Dickinson Street
Post Office Box 1629
Charleston, West Virginia 25326-1629 ·
(304) 558-0169 FAX (304) 558-0831

October 7, 1994

Re: JIC Advisory Opinion 1994-19

Dear
Your request for an advisory opinion was reviewed by the Judicial Investigation Commission at its most recent meeting. In your letter to the Commission you inquire as to the · propriety under the Code of Judicial Conduct of a full-time family law master also serving as an officer in the local Bar Association. Under the custom of the organization once an individual is elected as secretary that _person in following years assumes the off ices of vice-president and president. · You asked whether you could continue to serve as secretary. and if this were acceptable under the Code whether you could then become vice-president and president.
Canon 4C(3) {a) of the Code of Judicial conduct states:
CANON 4

A JUDGE SHALL SO CONDUCT THE JUDGE'S EXTRA- JUDICIAL ACTIVITIES AS TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL OBLIGATIONS

c. Governmental, Civic, and Charitable Activities.
(3) civic and Charitable Activities. A judge may. participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of the judge's

• 2 - October 7, 1994
  judicial duties. A judge may serve as an officer, director, trustee, or non-legal adviser of an. · educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advanta9e of its members subject to the following limitations:
  (a) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proce·edings in any court. · After reviewing the Canon and your inquiry, the commission felt that this language would preclude you from serving as an officer in the local Bar Association. While the organization would not be engaged in proceedin<JS ordinarily coming before you or regularly engaged· 1._n . · adversarial I?roceedings, at least· some• of the memb_ers of the· Bar Association would be. Because you are a full-time family law master and based on the. language set forth in the Canon, · the Commission feels that you should no longer serve as an officer in the local Bar Association. · ·· · If you have any further question concerning this matter, do not hesitate to contac the Commission. · V ry tru1y yours,

10.,-•~ Chairman
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