Confidentiality Surrounds Family Court Cases

I have been asked over the past several months since starting the Commentator as to why I do not report on the Family Court cases over which I preside. 

It is obviously difficult to objectively report on one's self. Nonetheless, with some trepidation, I will try to provide a few answers for the curious.

West Virginia law (see WV Code 48-1-301) and Rule 6 of the Rules of Practice and Procedure for Family Court provides that except for orders entered by the Court, all documents, exhibits, recordings, etc. in the court file of a Family Court case are confidential and can only be accessed by the parties, their attorneys of record, or other persons designated by the Court. Rule 6 also provides that Family Court hearings are not open to the public.

Because of WV Code 48-1-301 and Rule 6, Judges (Family Court and Circuit) are not permitted to publicly discuss the facts of Family Court cases. 

Family Court cases are not public cases like a civil or criminal jury trial and related proceedings where the public can be present. Family Court cases are similar to child abuse and neglect cases, which likewise are not public, and can not be reported on by the press (except for those public opinions from the West Virginia Supreme Court of Appeals).

27th Family Court District

There are 45 Family Court Judges in the State of West Virginia, each elected to eight year terms (last election in 2008). I serve the 27th Family Court District, which includes Webster and Pocahontas counties. I regularly serve each month in Nicholas County for conflict situations involving the Nicholas Family Court Judge. Over the past four plus years I have also been assigned to Braxton, Calhoun, Clay, Fayette, Gilmer, and Roane counties.

Each year, the Supreme Court requires the Circuit Clerks of each county to submit a report on cases disposed of by each Family Court Judge, as well as how many cases are pending in each Judge's county. 

Rule 16 of the West Virginia Trial Court Rules requires that a minimum of 75 percent of all cases in Family Court be at or under the time standards prescribed by the rules. When we began in January, 2009, we inherited from two different outgoing Judges a number of cases already out of compliance with the time standards. Despite this, we still met the 75% threshold, but the numbers for the first six months of 2009 were low compared to the second half of 2009 and the following years.

Since 2009, the Family Courts in both Webster and Pocahontas counties have met this time standard requirement through 2012. In fact, we have well exceeded the time standards. The reports from the Supreme Court show that in our "worst" year since 2009 (in Pocahontas County), we completed 99 percent of our cases within the time standards.

Here is the actual breakdown of the time standard reports by county:

Webster County (year - % of compliance)

2009-80% first 6 months; 95% second 6 months

2010-100%

2011-100%

2012-100%
Pocahontas County (year - % of compliance)

2009-90% first six months; 98% second 6 months

2010-99%

2011-99%

2012-100%

The Webster/Pocahontas District is one of the least busy districts in the State. As such, I would be remiss in my duties not to have such high compliance percentages. Nonetheless, the Supreme Court "judges" the performance of my office by these standards and we strive daily to adhere to the notion that "justice delayed is justice denied."

The types of cases heard in Family Court include, but are not limited to: divorce, child custody, child support, alimony, modifications, contempt actions, name change, minor guardianship actions, paternity, and domestic violence proceedings. 

In the Webster/Pocahontas district, the vast majority of people appear in Family Court without a lawyer. The Supreme Court makes available to the public over the Internet a whole host of Family Court forms and helpful information.

Family Court forms can be accessed at this link:

http://www.courtswv.gov/lower-courts/family-forms/index-family-forms.html

The Family Court forms at the above link include the divorce packets that many folks pay a copying fee to the Circuit Clerk for such forms, when they can be downloaded for free from the above site. The site also has forms for modification and contempt actions, notices of relocation, and parenting plan forms, to name a few. The forms are accompanied by instructions. Neither the Circuit Clerk's office nor the Family Court's office can assist litigants in filling out these forms.

Finally, according to the most recent budget data from the Supreme Court, a total of $316,043.00 was spent on the Family Court for Webster ($293,247.00) and Pocahontas ($22,796.00) counties. Almost two thirds of that total amount went to salaries and other personnel related costs. All of the costs in Pocahontas County were for office rent, telephone, copying, and other related office expenses.

More information about the Family Courts in general, including domestic violence rules and forms, can be accessed at this link:

http://www.courtswv.gov/lower-courts/family-courts.html

Full text of Family Court Rule 6 discussed above can be found at this link:

http://www.courtswv.gov/legal-community/court-rules/Family-Court/Rules1-8.html

Full text of Trial Court Rule 16 discussed above can be found at this link:

http://www.courtswv.gov/legal-community/court-rules/trial-court/chapter-1b.html