Could a part-time mental hygiene commissioner accept other court-appointed cases?
Apply this to your situation
This page answers the general question as of 2001. 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 mental hygiene commissioner who had accepted abuse, neglect, and juvenile appointments asked whether those court appointments were proper.
The Commission applied former Canon 6C on continuing part-time judges. It said the commissioner could practice law and accept court-appointed matters, but could not handle mental hygiene matters or act as an attorney in a proceeding related to a case in which the person had served as commissioner.
Currency note
This opinion was issued in 2001, 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 commissioner accept other court-appointed cases?
A: Yes, within the former Canon 6C limits.
Q: Which matters were barred?
A: Mental hygiene cases and attorney work related to a case in which the person served as mental hygiene commissioner.
Background and rules framework
Former Canon 6C exempted continuing part-time judges from the general law-practice ban but restricted practice involving matters they had handled judicially or within the same subject matter.
Citations and references
West Virginia Code of Judicial Conduct (former):
- Canon 6C and commentary, continuing part-time judges and practice of law.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2001-07, 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
March 15, 2001
JIC Advisory Opinion 2001-07
Dear Mental Hygiene Commissioner
Your recent letter to the Judicial Investigation Commission asking for an advisory opinion has been reviewed. In your correspondence you stated that you are a mental hygiene
commissioner for and Counties. You stated that it had come to your
attention that at least one of the circuit judges in the Judicial Circuit believed that mental hygiene commissioners may not be appointed or accept court appointments. Prior to and since your appointment a few years ago you have routinely accepted court appointments, particularly in abuse and neglect and juvenile matters. You state that the majority oflocal mental hygiene commissioners (past and present) have accepted court appointments. You asked whether mental hygiene commissioners may receive and/or accept comi appointments.
To address the issue which you have raised, the Commission reviewed Canon 6 of the Code of Judicial Conduct which deals with the application of the Code of Judicial Conduct. Canon 6C defines continuing part-time judge. That section of Canon 6C states in relevant part:
Canon 6. Application of the Code of Judicial Conduct.
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 anytime with sections 4D(3), 4E(l), 4F, 4G, 4H, 5A(l), 5B(2), and 5D.
March 15, 2001
Page Two
(2) may practice law in the court on which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judge serves, but shall not act as a lawyer in a proceeding in which the judge has served as a judge in any other proceeding related thereto, or in any matter involving the same subject~ matter jurisdiction.
The commentary to this Canon states in relevant part that "a part-time Family Law Master shall not accept any domestic relations matter or serve as an attorney in any proceeding related to a case in which he or she has served as a Family Law Master, nor shall a Mental Hygiene Commissioner accept any mental hygiene matters or serve as an attorney in any proceeding related to a case in which he or she has served as a Mental Hygiene Commissioner. ... " This section of Canon 6 states explicitly that you are not required to comply with Canon 4G which prohibits judges from the practice of law m1d states that you may practice in the court on which the judge serves or in any court subject to appellate jurisdiction of the court on which the judge serves.
The only restriction placed on the kinds of cases you may handle is the prohibition that you not handle mental hygiene matters or serve as an attorney in a proceeding related to a case in which you have served as a mental hygiene commissioner. Based in the clear language contained in this Canon and the commentary following it, it is the opinion of the Commission that you may accept court appointed cases so long as you do so within the perimeters of Cm1011 6C of the Code of Judicial Conduct.
If there is any fmiher question regarding this matter do not hesitate to contact the Commission.
Very truly yours,
ILJJ;-~ ~
Donald H. Cookman, Chairperson
Judicial Investigation Commission
DHC:nb
What do the rules say today, for your facts?
This opinion is from 2001. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace