May a West Virginia senior status family court judge also mediate cases and serve as a guardian ad litem?
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This page answers the general question as of 2026. 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 senior status family court judge on a long-term assignment asked whether she could continue judging while mediating domestic cases elsewhere and serving as a guardian ad litem in abuse and neglect cases. The Commission reviewed Application II(B) and (D) of the Code of Judicial Conduct and an administrative order on senior status judicial officers.
The Commission held that the judge may mediate in counties where she is not serving as a senior status family court judge and must avoid mediating cases she handled as a senior status judge. It also allowed part-time guardian work if she holds an active law license and does not practice in a circuit or county where she serves as a senior status family court judge.
The opinion also separates the individual matters: the judge should not serve as guardian in a case arising from a family matter she handled as judge, or serve as judge in a matter she handled as guardian.
In practice
The opinion permits the two outside roles under geographic and matter-specific limits. Its guardian conclusion is expressly conditioned on part-time work and an active law license.
Common questions
Q: May the senior status judge mediate domestic cases?
A: Yes, if the mediation does not occur in a county where she serves as a senior status family court judge and does not involve a case she handled in that judicial role.
Q: May she serve as a guardian ad litem?
A: The Commission said yes on a part-time basis with an active law license, outside any circuit or county where she serves as a senior status family court judge.
Q: May she act in one role in a matter she handled in the other?
A: The opinion says she should not serve as guardian in a family matter she handled as judge or later serve as judge in a matter she handled as guardian.
Background and rules framework
The opinion quotes Application II(B) and (D) of the West Virginia Code of Judicial Conduct concerning senior status judges, limited law practice, and mediation or arbitration despite Rules 3.8 and 3.9. It also quotes the Chief Justice’s administrative order on limited law practice, geographic disqualification, and mediation for senior status judicial officers.
Citations and references
West Virginia Code of Judicial Conduct:
- Application II(B) and (D), Retired Judges
- Rules 3.8 and 3.9, cited in Application II
Other authority cited:
- Administrative Order pertaining to the Amended Rule on Judicial Officers Admitted to Senior Status, quoted for limited practice and mediation conditions.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2026-02, 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
April 20, 2026
via: email
Re: JIC Advisory Opinion 2026-02
Dear Judge :
Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. You are a senior status family court judge and are currently handling a long-term assignment. You want to know if you can continue to serve as a senior status family court judge, a mediator of domestic cases in counties where you will not be presiding and a guardian ad litem in abuse and neglect cases in any county in this state.
To address your questions, the Commission has reviewed Application II(B) and (D) of the Code of Judicial Conduct and the Administrative Order pertaining to the Amended Rule on Judicial Officers Admitted to Senior Status signed by the Honorable William R. Wooton, Chief Justice of the Supreme Court of Appeals of West Virginia:
Application II: Retired Judges
(B) A retired judge admitted to senior status but who engages in limited law practice is not required to comply with Rule 3.8.
....
(D) A retired judge, whether or not admitted to senior status and whether or not engaging in law practice, may be employed as a mediator or an arbitrator notwithstanding the provisions of Rule 3.9
JIC Advisory Opinion 2026-02
April 20, 2026
Page 2 of 3
Administrative Order
(a) Eligibility
...
(2) Practice of Law
C. Engagement in a limited law practice (e.g., no association with a law firm, except if employed as “of counsel” or “special counsel,” or part-time law practice) shall not disqualify a retired judicial officer from eligibility for senior status for those eligible for senior status pursuant to subsection (a)(1)(B) and (C) hearing. However, a retired judicial officer admitted to senior status shall be disqualified from assignment to duty in any circuit or county where they engage in practice, or from any matter in which the law firm in which they are employed as “of counsel” or “special counsel” is involved or has participated. For purposes of this rule, the terms “of counsel” or "special counsel” shall mean employment by a law firm that does not include (1) any partnership interest in the firm; (2) appearance before any tribunal representing any client of the firm; (3) work in the firm on a full-time basis; and (4) a salary equivalent to or greater than any partner in the firm.
D. Engagement in mediation or arbitration shall not disqualify a retired judicial officer from eligibility for senior status in accordance with Application II(D) of the Code of Judicial Conduct.
Based upon the foregoing, the Commission holds that you may engage in mediation as long as it is not occurring in a county in which you are serving as a senior status family court judge and that you take care not to serve as a mediator in any cases that you may have handled as a senior status judge. The Commission is also of the opinion that you may also serve as a guardian as long as it is done on a part-time basis, you have an active law license, and you are not practicing in any “circuit or county where you serve as a senior status family court judge. Again, you should also take care not to serve as a guardian in any case arising from a family matter that you handled as a senior
JIC Advisory Opinion 2026-02
April 20, 2026
Page 3 of 3
status judge or serve as a senior status family court judge in any matter that you may have handled as a guardian.
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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