Could a part-time family law master draft decisions on backlogged workers compensation cases under contract?

Plain-English summary

The official archive labels this letter 1994-24, but its printed header says 1994-22; a separate official 1994-22 PDF addresses a different issue. A part-time family law master had contracted with the Workers Compensation Office of Judges to handle backlogged cases. The described work involved reviewing files, drafting decisions, taking no evidence, and a flat fee per case.

Applying former Canon 6C and its commentary, the Commission permitted the contract so long as the work stayed within those four described conditions.

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 contract permitted?

A: Yes, if the work stayed within the four described conditions.

Q: Could the master take evidence?

A: No. The opinion’s permission relied on the requester taking no evidence.

Background and rules framework

Former Canon 6C governed continuing part-time judges, including their permitted legal practice and Code exemptions. The Commission applied it to the limited workers compensation assignment.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 6C and commentary, continuing part-time judges.

See also

• WV JIC Advisory Opinion 1995-11: Family law master’s appellate counsel work

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1994-24, 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
212 Dickinson Street
Post Office Box 1629
Charleston, West Vlrginia 25326-1629
(304) 558-0"169 FAX (304) 558-0831

December 9, 1994

Re: JIC Advisory Opinion 1994-22

Dear
Your recent letter to the Judicial Investigation Commission seeking an advisory opinion was reviewed by the commission at its recent meeting.
In that corresponden ce you state that you have signed a contract with the Workers Compensation Office of Judges to be a deputy commissioner to render decisions backlogged in the Workers Compensation System. You asked if this position causes any conflict with your service as a part-time family law master.
Contact with the Chief Administrati ve Law Judge revealed that the positions will involve you reviewing workers compensation files; writing draft decisions for the Office of Administrati ve Law Judges; not taking any evidence; and being paid a flat fee per case.
The provisions of Canon 6C define the perimeters within which a part-time family law master may practice law and sets forth those provisions of the Code of Judicial Conduct which do not govern his activities except while serving as a judge. Based upon a review of the language contained in that canon as well as the commentary following the Canon, the Commission feels that you may serve under the contract to handle backlogged cases in the Workers Compensation System as long as that activity falls within the four criteria set out

• 2 - December 9, 1994

above. Reviewing files, writing draft decisions, not taking evidence, and receiving a standard fee per case for your services would not violate any of the provisions set forth in the relevant section of the Code of Judicial Conduct.
If there is any furth r question concerning this matter, do not hesitate to the Commission. y yours,
m,
L.
,t
, II, Chairman
FLF,II/bl