Could a part-time family law master be a notary or church trustee, and join church fundraising?

Plain-English summary

A part-time family law master asked about serving as a notary, an assistant’s notary work, church trusteeship, the spouse’s church employment, fundraising, and attendance at a political party dinner.

The Commission applied an earlier opinion barring family law masters from concurrent notary service; the assistant could serve as notary. The master could be a church trustee under former Canon 4C(3), with disclosure when someone associated with the church appeared in a hearing. The spouse’s church employment raised no concern on the described facts. Canon 4C(3)(b) barred judicial solicitation of funds, though prior opinions allowed generic volunteer tasks such as ticket collection or concession work. On the political dinner, the letter identified exemptions for continuing part-time judges under Canon 6C and directed review of Canons 6C and 5 without a specific conclusion on attendance.

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: Could the family law master also act as a notary?

A: No. The Commission applied its prior prohibition to part-time and full-time family law masters.

Q: Could the master be a church trustee?

A: Yes, within Canon 4C(3)’s limits, with disclosure in hearings involving church associates.

Q: Did the letter decide whether the master could attend the political dinner?

A: It identified part-time-judge exemptions and directed review of the relevant Canons, without an express attendance ruling.

Background and rules framework

Former Canon 4C(3) governed religious and charitable roles and fundraising; Canon 3E(1) addressed disqualification and disclosure; Canon 6C(1) listed provisions from which continuing part-time judges were exempt.

Citations and references

West Virginia Code of Judicial Conduct (former):

• Canon 4C(3) and (b), charitable roles and fundraising.
• Canon 3E(1), disclosure and disqualification.
• Canon 6C(1), continuing part-time judges.

See also

• WV JIC Advisory Opinion 1996-14: Senior housing advisory board

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1995-28, 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

November 3, 1995

Re: JIC Advisory Opinion 1995-28

Dear
Your letter to counsel for the Judicial Investigation Commission dated September 15, 1995, in which you seek an advisory opinion was reviewed by the Commission at its recent meeting. In that correspondence you raise a number of questions which will be discussed in this opinion in the order raised in your correspondence.
You asked whether you could serve as a part-time family law master and continue to act as notary public. The Commission has addressed that question in a previous advisory opinion stating that an individual may not serve as a family law master and as a notary public at the same time. The commission feels that this opinion applies to part-time family law masters as well as full-time judicial officers.
You state that in your capacity as family law master, you have had occasion to witness the execution of certain documents which otherwise would require signature before a notary public. You have always crossed through the "notary" title and substituted "family law master. 11 Since the Commission feels it would be improper for you to continue serving as a notary public, this inquiry appears to be moot. If you have further questions concerning it, do not hesitate to contact the Commission.
You asked whether your assistant, a full-time employee of the Supreme Court, is precluded from acting as a notary. There is no prohibition against your assistant serving as a notary. In fact this could help the efficiency of your office.

• 2 - November 3, 1995

You state that you have been asked to serve as a trustee for your church. You asked whether you would be precluded from doing this and what impact it would have on your hearing cases involving individuals associated with the church. You would not be precluded from serving as a trustee for your church under the limitations set forth in Canon 4C(3) of the Code of Judicial Conduct. You should if you serve as a trustee for your church disclose that information at any hearings. involving individuals associated with that church as required bf Canon 3E(l) of the Code of Judicial Conduct and the following commentary.
You state that rour wife is on staff with the church as a director of youth ministry and Christian education. You asked whether this raises any relevant implications to your position. The Commission feels that it does not.
You asked if you are precluded from involvement in fund-raising activities for your wife's youth group with which you volunteer. Canon 4C(3) {b) states that "A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of office for that purpose; .
• • " The Commission has issued previous opinions, however, which permit judicial officers to serve in a more generic capacity such as collecting tickets at a football game or working in a concession stand during a school activity.
Finally you state that you have been invited to a dinner which features a dramatic program. The purpose is to raise funds generally for the local organization of a political party. While you understand that you may not be ethically precluded from purchasing tickets for yourself or your spouse or from attending, you are concerned about the appearance of impropriety in so su~porting a party which is likely to field candidates for circuit jud9e and Supreme court Justice. The provisions of Canon 6C define your position as continuing part-time judge. That section of the Canon states in pertinent part: c. Continuing Part-time Judge. A continuing part-time judge:
(1) is not required to comply
(a) except while serving as a judge with Section 3B(9); and
(b) at any time with Sections 4D(3), 4E(l), 4F, 4G, 4H, 5A(l), 5B{2), and 5D.

• 3 - November 3, 1995

This provision in the Canon exempts you from certain restrictions contained in Canon 5 dealing with inappropriate political activity on the part of a judge or judicial candidate. A review of Canon 6C and Canon 5 will address the inquiry which you have raised in your letter.
It is hoped that this opinion fully addresses those questions which you have raised. If there is any additional information needed or any estions remain concerning your inquiry, do not hesitate con ct the Commission.

;r
Fox, II, Chairman
FLF,II/bl