May a family court judge transmit a guardian’s report of alleged misuse of children’s funds to circuit court?
Apply this to your situation
This page answers the general question as of 2012. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
During a divorce, a family court judge learned that parents may have misused their children’s personal-injury proceeds contrary to an earlier circuit court order. The appointed guardian ad litem reported alleged misappropriation. The judge asked how to inform circuit court given confidentiality of family court records.
The Commission read former Canon 3B(11) alongside Family Court Rules 6A and 6(c). It found the alleged misuse good cause to disseminate the information to circuit court and directed the judge to order the guardian, who investigated firsthand, to provide it.
In practice
The opinion rests on the alleged misuse and the good-cause route in the cited family court rules; it does not authorize general disclosure of confidential records.
Common questions
Q: Did confidentiality prevent disclosure to circuit court?
A: No. The Commission found good cause on the facts described.
Q: Who should provide the information?
A: The guardian ad litem who conducted the investigation, under the judge’s order.
Q: Which rules frame the issue?
A: Former Canon 3B(11) and West Virginia Family Court Rules 6A and 6(c).
Background and rules framework
Former Canon 3B(11) limits disclosure or use of nonpublic judicial information for purposes unrelated to judicial duties. Family Court Rules 6A and 6(c) address judicial access and court-ordered access for good cause.
Citations and references
West Virginia Code of Judicial Conduct (former): Canon 3B(11).
Court rules cited: West Virginia Rules of Practice and Procedure for Family Court, Rules 6A and 6(c).
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2012-10, redacted
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
City Center East - Suite 1200 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 * FAX (304) 558-0831
February 23, 2012
Re: JIC Advisory Opinion 2012-10.
Dear Judge
Your request for an advisory opinion to Counsel was reviewed by the Judicial investigation Commission at its February 10, 2012 meeting. The factual scenario giving rise to your request is as follows: During the course of a divorce action, you became aware that the parties may have spent their children’s proceeds in violation of a Circuit Court order entered several years ago in a personal injury case. You appointed a Guardian Ad Litem to investigate the matter. According to you, the Guardian submitted a report stating that the parties did indeed “misappropriate and misuse” the funds. You want to know if you can inform the Circuit
Court of the alleged misappropriation or if you have the ability to order the Guardian to provide the information since Family Court cases are confidential.
Canon 3B(11) states that “[a] judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity.” The term “nonpublic information” is defined as “information that, by law, is not available to the public. Nonpublic information may include but is not limited to: Information that is sealed by statute or court order, impounded, or communicated in camera; and information offered in grand jury proceedings, presentencing reports, dependency cases, or psychiatric reports.” The term “law” is defined by the Code as “court rules, statutes, constitutional provisions, and decisional law.”
Rule 6A of the West Virginia Rules of Practice and Procedure for Family Court allows certain exceptions to the confidentiality rule. For example, Rule 6A states that “a family court
JIC Advisory Opinion 2012-10
February 23,2012
Page 2
Judge or circult court Judge may open and inspect the entire contents of the court file in any case pending before the judge’s court.” Rule 6{c} states that “for good cause shown,” the court may enter an order permitting a person who Is not permitted access to a court file to examine and/or copy documents In a file. The Rule further provides that the requisite order shall set forth specific findings which demonstrate “why the interests of justice necessitate” the examination and/or copying...”
The Commission Is of the aptnion that the alleged misappropriation of funds constitutes the good cause necessary for the dissemination of the Information In question to the Circuit Court. Since the Guardian Ad Litem performed the Investigation and has first-hand knowledge
about the alleged misappropriation, you should order him/her to provide the necessary information to the Circult Court.
it ls hoped that this opinion fully addresses the issues which you have ralsed, If there Is any further question regarding this matter do not hesitate to contact the Commission.
Sincerely,
Ronald E, Wilson, Chairperson
Juclicial Investigation Commission
REW/tat
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