Could a family law master sit on a board of zoning appeals?

Plain-English summary

A family law master was invited to sit on a board of zoning appeals and asked whether the judicial Code permitted it.

The Commission applied former Canon 4C(3)(a), which limited service with an organization involved in court proceedings. It found that board actions would be subject to somewhat frequent circuit-court appeals and that the board would be engaged in adversary proceedings there, so it concluded that service was inappropriate.

Currency note

This opinion was issued in 1995, 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: Did the Commission approve board service?

A: No. It found service on the zoning appeals board inappropriate.

Q: Why?

A: The Commission expected somewhat frequent circuit-court appeals and adversary proceedings involving the board.

Background and rules framework

Former Canon 4C(3)(a) restricted organizational service when the body was likely to be engaged in proceedings before the judge or regularly in adversary proceedings in any court.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4C(3)(a), civic organization litigation.

See also

• WV JIC Advisory Opinion 1996-10: Commissioner and provider board

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-26, 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 Virginia 25326-1629
(304} 558-0169 FAX (304) 558-0831

October 2, 1995

Re: JIC Advisory Opinion 1995-26

Dear
In a letter to Counsel dated September 15, 1995, you sought an advisory opinion from the Judicial Investigation Commission. In that correspondence you stated that vou are a family law master and have been asked to sit on the Board of Zoning Appeals pursuant to West Virginia Code §8-24-51. You asked whether there would be any violation of the Code of Judicial Conduct if you were to accept this position on the Board. of Zoning Appeals.
Canon 4 of the Code of Judicial Conduct states the judges extra-judicial activities which are permitted. That Canon states in pertinent part:
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, or Charitable Activities.

(3) civlc and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality

• 2 - October 2, 1995
  or interfere with the performance of the judge's 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 advanta~e of its members subject to the following limitations:
  (a) A judge should not serve if it is likely the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly ~ngaged in adversary proceedings
  in any court.
  ·
  Based upon the lan9uage contained in this section of Canon 4 of the Code of Judicial Conduct, the Commission feels that it would be inappropriate for you to sit on the Board of Zoning Appeals.
  It is the feeling of the Commission that your actions as a member of the Board of Zoning Ap~eals would be subject to somewhat frequent appeals in the Circuit court and that the Board would be enga~ed in adversary proceedings in the Circuit Court. It is hoped that this opinion fully addresses the matter about which you inquired in your correspondence. If there are any further questions concerning this situation, do not hesitate to contact the Commission. yours,

Chairman
FLF,II/bl