May a family court judge’s spouse mediate family cases outside the judge’s circuit?
Apply this to your situation
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 family court judge asked whether her husband, who had recently become an approved family court mediator, could accept appointments outside her circuit. The question included state-paid appointments for parenting disputes involving indigent litigants and appointments paid by the parties.
The Commission answered yes. It added that if the judge is appointed as a special family court judge outside her circuit, she must determine whether her husband is or has been involved in that matter. If so, she is precluded from presiding over it.
In practice
The opinion permits the spouse’s mediation appointments outside the judge’s circuit and draws a case-specific limit for any later special family court assignment involving his mediation.
Common questions
Q: Can the spouse accept mediation appointments outside the judge’s circuit?
A: Yes. The Commission expressly answered that question in the affirmative.
Q: What if the judge is assigned as a special judge to a case involving her husband’s mediation?
A: She must determine whether he is or has been involved. If he has, the opinion says she may not preside.
Background and rules framework
The one-page opinion does not cite a numbered Code of Judicial Conduct provision. Its conclusion addresses only the stated spouse-mediation facts and the judge’s later appointment as a special family court judge.
See also
Source
- Landing page: West Virginia Judicial Investigation Commission advisory opinions
- Original PDF: JIC Advisory Opinion 2026-03, 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 and U.S. Mail
Re: JIC Advisory Opinion 2026-03
Dear Judge :
Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission. You are a family court judge. Your husband recently became an approved family court mediator. He is certified to accept state-paid appointments to mediate parenting issues in family court cases involving indigent litigants and appointments that require the parties to pay for that service. You want to know if your husband can accept appointments outside your circuit to mediate family court cases.
The answer to your question is yes. Please be advised that if you are appointed Special Family Court Judge in a case outside your circuit, you determine whether your husband has had any involvement in the matter. If he is or has been involved then you are precluded from presiding over that matter as a special 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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