May a West Virginia family court judge coach school sports as a volunteer or paid employee?
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This page answers the general question as of 2025. 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 newly seated family court judge had coached youth sports without pay and middle-school basketball and baseball for pay from a local school board. The judge asked whether family court's limited jurisdiction changed the Commission's prior conclusion in JIC Opinion 2024-04 that judges could not serve as paid or volunteer coaches for a school system.
The Commission said family court judges are unlikely to hear Board of Education cases and are exempt from Opinion 2024-04's school-coaching restriction. It permitted volunteer or paid coaching in the school system if the judge receives written approval from the Administrative Director and the outside activity does not interfere with the primary judicial position.
In practice
The opinion's exception is expressly for family court judges. It ties that exception to their unlikely involvement in Board of Education cases and preserves the approval and judicial-duty conditions.
Common questions
Q: Does the opinion allow both paid and volunteer coaching?
A: Yes. It permits a family court judge to serve as a voluntary or paid coach in the school system under its stated conditions.
Q: Is written approval required?
A: Yes. The opinion requires written approval from the Administrative Director.
Q: May coaching interfere with court duties?
A: No. The Commission conditions the outside activity on no interference with the judge's primary position.
Background and rules framework
The opinion applies JIC Advisory Opinion 2024-04, which had barred paid and volunteer school-system coaching for judges because of Board of Education case disqualification, and identifies a family-court exception based on limited jurisdiction. It quotes that earlier opinion's statement that Opinion 2011-23 was overruled to the extent inconsistent.
Citations and references
Other opinions cited:
- JIC Advisory Opinion 2024-04, school coaching and Board of Education cases.
- JIC Advisory Opinion 2011-23, identified in the quoted partial overruling in Opinion 2024-04.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2025-08, redacted
Original opinion text
Reproduced from the official redacted PDF for research purposes. The linked PDF is authoritative.
JUDICIAL INVESTIGATION COMMISSION
WV Judicial Tower - Suite 700 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169
May 9, 2025
Re: JIC Advisory Opinion 2025-08
Dear :
Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. You want to know if your position as a Family Court Judge precludes you from serving either as a volunteer or paid coach for youth sports. The facts giving rise to your question are as follows:
For more than a decade you have coached on a volunteer unpaid basis for youth/little league sports. You have also served as a paid middle school coach for several years. In the 2024-2025 school year, you coached middle school basketball and baseball as an assistant and was paid by the local school board. Meanwhile, on January 1, 2025, you took office as a Family Court Judge. You note that Family Court has limited jurisdiction and you cannot imagine a case involving the board of education for which you would have jurisdiction as opposed to magistrates, circuit judges and appellate judges who are precluded from accepting paid coaching positions by virtue of JIC Advisory Opinion 2024-04 which states in part:
A judge cannot serve as a school coach. A judge’s first duty is to his/her position as a judge. Official judicial duties take precedence of all activities.
A coach is dependent upon the Board for the position and the salary. The appearance issue is such that it would disqualify and judge/coach from presiding over any Board of Education case. Since the judge would be automatically disqualified from presiding over cases involving the Board, he/she is precluded from serving as a coach. To the extent that this advisory opinion is inconsistent with JIC Advisory Opinion 2011-23, the former opinion is overruled, and judges can no longer serve as either a paid or volunteer coach for a school system.
JIC Advisory Opinion 2025-08
May 9, 2025
Page 2 of 2
Since Family Court Judges are unlikely to preside over any Board of Education cases, they are exempted from following JIC Advisory Opinion 2024-04 and can serve as voluntary or paid coaches in the school system as long as they receive the written approval of the Administrative Director as is required for those seeking a part-time employment and do not let the extrajudicial activity interfere in any way with their primary position of judge.
The Commission hopes that this opinion fully addresses the issues which you have raised. Please do not hesitate to contact the Commission should you have any questions, comments or concerns.
Sincerely,
Alan D. Moats, Chairperson
Judicial Investigation Commission
ADM/tat
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