Must a family law master recuse when a spouse holds a clerical job at an agency involved in the case?

Plain-English summary

A family law master asked about cases involving the Department of Health and Human Resources or Child Support Enforcement Division if the master's wife took a clerical job with one of them.

The Commission said the master should disclose the employment if the wife worked in the region served by the master. It said disqualification was unnecessary unless the wife directly worked on the case. The letter relied on former Canon 3E and its disclosure commentary.

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: Did the master's spouse's regional agency employment require disclosure?

A: Yes. The Commission said employment in the region the master served should be disclosed.

Q: When did the opinion require disqualification?

A: The Commission said the master did not need to disqualify unless the spouse directly worked on the case.

Background and rules framework

The letter quoted former Canon 3E(1) of the West Virginia Code of Judicial Conduct and its commentary about disclosure of information relevant to a possible disqualification question.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 3E(1).

See also

• WV JIC Advisory Opinion 2001-03

Source

• Landing page: West Virginia Judicial Investigation Commission advisory opinions
• Original PDF: JIC Advisory Opinion 2000-40, 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

October 24, 2000
JIC Advisory Opinion 2000-40

Dear Family Law Master

In a letter to the Commission you requested an advisory opinion on whether you would be disqualified under Canon 3E of the Code of Judicial Conduct in cases which involve the West Virginia Department of Health and Human Resources, if your wife were to become employed by that agency or the Child Support Enforcement Division. You stated that she had applied for employment in a clerical position. You asked whether you have an affirmative duty to advise litigants of your wife's employment if either the Department or Health and Human Resources or the Child Support Enforcement Division would be involved in the litigation.

Canon 3E of the Code of Judicial Conduct states in relevant part:

Canon 3. A judge shall perform the duties of judicial office impartially and diligently.

E. Disqualification. - (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned. . . .

The Commentary to this Section of Canon 3 states that “a judge shall disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no real basis for disqualification.”

October 24, 2000
Page Two

Based upon the employment scenario which you have set forth in your letter and after reviewing the relevant Sections of Canon 3E, it is the opinion of the Commission that if your wife becomes employed in the Region which you serve you should disclose that information. You would not need to disqualification yourself from the case unless your wife were involved directly in working on the case.

It is hoped this opinion addresses the concerns which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Very truly yours,

Donald H. Cookman, Chairman
Judicial Investigation Commission

DHC:nb