Could a magistrate hold designated probable cause and emergency detention hearings under a circuit court order?
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This page answers the general question as of 2000. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A magistrate had been designated by court order to conduct probable cause and emergency detention hearings involving involuntary hospitalization. The magistrate asked whether that work conflicted with an earlier Commission opinion concerning a family law master's separate mental hygiene commission appointment.
The Commission distinguished the magistrate's situation because West Virginia Code § 27-5-1(a) provided for the designation and a circuit court order had made it. It said the magistrate could continue in that capacity while designated by an order consistent with the statute.
Currency note
This opinion was issued in 2000, 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 magistrate continue to conduct the designated hearings?
A: Yes, so long as a court order designated the magistrate within the statute's terms.
Q: Why did the earlier family law master opinion not control?
A: The Commission said the magistrate's designation was covered by the cited statute and circuit court order.
Background and rules framework
The request cited W. Va. Code § 27-5-1(a), paragraph two, as authorizing a magistrate's designation for probable cause and emergency detention hearings. It contrasted an August 1999 advisory opinion concerning a family law master's separate service as mental hygiene commissioner under the West Virginia Constitution's restriction on holding another office or public trust. The Commission relied on the statutory designation and court order for its answer here.
Citations and references
Statutes:
- W. Va. Code § 27-5-1(a), paragraph two.
- W. Va. Constitution art. VIII, § 7, quoted from the earlier opinion as described by the requester.
Other opinions cited:
- An August 1999 JIC advisory opinion concerning a family law master's mental hygiene commissioner service; the letter gives no opinion number.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2000-19, 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
April 14, 2000
JIC Advisory Opinion 2000-19
Dear Magistrate
Your recent request for an advisory opinion was reviewed by the Commission at its last meeting. In that request you state that on January 13, 1997, you were designated as the Magistrate to hold probable cause and emergency detention hearings involving involuntary hospitalizations. The order making the designation confers on you the same authority as a mental hygiene commissioner which means that in their absence you are a Mental Hygiene Commissioner and can hold any hearings and issue any orders in their stead. You say that you recently reviewed an advisory opinion of the Judicial Investigation Commission issued in August 1999 stating that “an individual who is appointed to be a family law master may not continue to serve as a mental hygiene commission because W.Va. Constitution Article 8, section 7 prohibits a judicial officer from serving in another office or accepting any other appointment or public trust.” You further state that W. Va. Code § 27-5-1(a), paragraph two, provides for designating a magistrate to hold probable cause and emergency detention hearings. The question you asked is whether you are serving in the full capacity as a Mental Hygiene Commissioner in the absence of the Commissioners and if so can you continue in that capacity.
After reviewing your correspondence and the order which you enclosed, it is the opinion of the Commission that the order designating you as the magistrate to hold probable cause and emergency detention hearings involving involuntary hospitalizations is appropriate and within the statutory framework. Your situation unlike others is covered by the statute which you cite in your letter and by the order of the circuit court making the designation. For these reasons the Commission feels that you may continue to serve in that capacity, so long as you are designated by court order within the dictates of the W.Va. Statute.
April 14, 2000
Page Two
If you have any further question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
John W. Bennett, Chairman
JWB:nb
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