Could a family law master also serve as a mental hygiene commissioner under the West Virginia Constitution?

Plain-English summary

A judge had appointed two co-mental hygiene commissioners. One was then appointed a family law master, prompting the question whether that person could keep the commissioner post.

The Commission quoted West Virginia Constitution article VIII, section 7, which prohibited a justice, judge, or magistrate from holding another office or accepting an appointment for public trust. Although the text did not expressly name either role, the Commission read its intent to cover family law masters and mental hygiene commissioners and concluded that one person should not hold both positions. It also noted that concurrent service could create conflicts of interest in some cases.

Currency note

This opinion was issued in 1999, 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 appointee continue in both positions?

A: No. The Commission found concurrent service inappropriate under its reading of article VIII, section 7.

Q: Did the Commission identify another concern?

A: It said the two positions might create a conflict of interest in some cases.

Background and rules framework

The Commission applied West Virginia Constitution article VIII, section 7, reading its ban on judicial officers holding another public office or appointment to include these two positions.

Citations and references

West Virginia Constitution:

• Article VIII, § 7, restrictions on other public offices and appointments.

See also

• WV JIC Advisory Opinion 1999-16: Police grant advisory board

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 1999-09, 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
Post Office Box 1629
Charleston, West Virginia 25326-1629
(304) 558-0169 • FAX (304) 558-0831

August 25, 1999

Re: JIC Advisory Opinion 1999-09

Dear

In a recent letter to Counsel to the Judicial Investigation Commission you stated that you have appointed two individuals as Co-Mental Hygiene Commissioners and that one of the Commissioners has just been appointed as a Family Law Master to take office on October 1, 1999. You asked for an advisory opinion regarding whether that person could continue to serve as a 1-'lental Hygiene Commissioner after assuming office as a Family Law Master. You stated that it is difficult to find well-qualified people for these positions which are not terribly desirable. The Commission has reviewed your request for an advisory opinion.

Both the position of Mental Hygiene Commissioner and Family Law Master are offices within the definition set forth in the relevant statutory provisions. The Constitution of West Virginia Article 8 §7 states in pertinent part:

No justice, judge, or magistrate shall hold any other officer, or accept any appointment for public trust, under this or any other government; nor shall he become a candidate for any elective office or nomination thereto except a judicial office; ...

While the language does not specifically address Family Law Masters or Mental Hygiene Commissioners, the intent that no judicial officer serves in another office or accepts any appointment for public trust is made clear.

August 25, 1999
Page Two

The Commission feels that in view of the constitutional language specifically prohibiting justices, judges, or magistrates from holding_ any other office or accepting appointment for public trust the intent of the language should be read to include Mental Hygiene Commissioners and Family Law Masters. The Commission therefore, feels that it would not be appropriate for a Family Law Master to serve as a Mental Hygiene Commissioner while serving in the position of Family Law Master.

There may also be apparent in some cases, issues which would create a conflict of interest if one individual were to remain in both positions. It is hoped that this opinion addresses all the questions in your correspondence. If there are any other questions regarding this matter do not hesitate to contact the Commission.

Very truly yours,

;21~,4~;- 9 .. lJhn W. Bennett, Chairman

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