Could a part-time family law master also serve as a part-time U.S. magistrate judge?

Short answer West Virginia JIC Opinion 1998-12 concluded that the family law master could not hold both offices under the state constitution.
Bar
JUDICIAL-WV
Issued
August 31, 1998

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This page answers the general question as of 1998. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A part-time family law master considered a vacant part-time U.S. magistrate judge post. The requester believed the two positions’ time requirements would not conflict and asked whether both could be held.

The Commission applied West Virginia Constitution article VIII, section 7. It said its prior advisory opinions had read that provision to cover all West Virginia judicial officers, and concluded that the requester could not hold the federal post while continuing as a family law master.

Currency note

This opinion was issued in 1998, 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 requester serve in both roles?

A: No. The Commission said article VIII, section 7 barred the combination.

Q: Did the absence of a scheduling conflict change the answer?

A: No. The conclusion rested on the constitutional restriction on holding another office.

Background and rules framework

West Virginia Constitution article VIII, section 7 restricted judicial officers from holding another office or public trust appointment. The letter cited earlier Commission interpretations of that provision.

Citations and references

West Virginia Constitution:

  • Article VIII, § 7, other public offices.

Other opinions cited:

  • JIC Advisory Opinions dated October 1, 1997; October 7, 1994; and June 18, 1993.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

JUD ICIA L INVESTIGATION COMMISSION
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 FAX (304) 558-0831

Aug ust 31, 1998

Re: JIC Advisory Opinion 1998-12

Dea r

You r rece nt lette r to the Judicial Investigation Com miss ion in which you asked for an advi sory opinion has been revie wed by members of the Com miss ion. In your corre spon denc e you state d that you are a part- time family law mast er and that you are interested in com petin the recently anno unce d vaca ncy of part- time Unit g for
ed States Magistrate Judge,
Dist rict of
Wes t Virginia. You further stated that your inqu iries reve aled that the time requ irem ents of this posi tion wou ld not conf lict with thos e of your family law mast er appointment. You aske d the Com miss ion whe ther it wou ld be possible for you to rema in a part-time family law mast er and hold the posi tion of part- time Unit ed States Mag istrate Judge.

In addressing the ques tion whic h you have raised the Com miss ion revie wed Article 8, §7 of the Con stitu tion of Wes t Virg inia whic h state s in relev ant part that:

No justice, judge, or magistrate shal l hold any office or accept any appointment or publ ic trust, under this or any other governme nt; nor shall he become a candidate for an elective publ ic office or nominati on thereto, except a judic ial ojjice; and the violation ofany of these provision s shall vacate his judi cial office.

The Com miss ion has in prev ious advisory opin ions interpreted this section of the Con stitu tion be applicable to all judic ial officers in Wes t Virg to inia. See JIC Advisory Opin ion 10-1-97;
Adv isory Opin ion 10-7-94; Advisory Opin ion 6-18-93. Cop ies of these opinions are encl osed for your review.

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August 31, 1998
Page Two

Based upon the language set forth in the Constitution of West Virginia it is of the opinion of the Judicial Investigation Commission that you could not hold the position of part-time United States Magistrate Judge while serving as a part-time family law master. If you have any further 'h

questions regarding this matter, do not hesitate to contact the Commission.

a
Very truly yours,
.··# cf'('""'.
W. Bennett, Chairman

JWB:nb
Enclosures

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