General Information
The West Virginia Rules of Judicial Disciplinary Procedure, Rule 1, establishing the Judicial Investigation Commission, states that "the ethical conduct of judges is of the highest importance to the people of the State of West Virginia and to the legal profession. Every judge shall observe the highest standards of judicial conduct. In furtherance of this goal, the Supreme Court of Appeals does hereby establish a Judicial Investigation Commission [Commission] to determine whether probable cause exists to formally charge a judge with a violation of the Code of Judicial Conduct promulgated by the Supreme Court of Appeals to govern the ethical conduct of judges or that a judge, because of advancing years and attendant physical and mental incapacity, should not continue to serve."
The West Virginia Rules of Judicial Disciplinary Procedure, Rule 2, using the Code of Judicial Conduct definition, defines "judge" as "anyone whether or not a lawyer who is an officer of a judicial system and who performs judicial functions including but not limited to Justices of the Supreme Court of Appeals, Circuit Judges, Family Law Masters, Magistrates, Mental Hygiene Commissioners, Juvenile Referees, Special Commissioners, and Special Masters."
The Commission consists of nine members: three circuit judges; one magistrate; one family law master; one mental hygiene commissioner, and three members of the public. All members of the Commission are appointed by the Supreme Court of Appeals.
The Commission shall have the authority to: (1) determine whether probable cause exists to formally charge a judge with a violation of the Code of Judicial Conduct or that a judge, because of advancing years and attendant physical or mental incapacity should not continue to serve; (2) propose rules of procedure for judicial disciplinary proceedings for promulgation by the Supreme Court of Appeals; (3) file an annual report with the Supreme Court of Appeals on the operation of the Commission; (4) inform the public about the existence and operation of the judicial disciplinary system, the filing of formal charges, and the discipline imposed or recommended on formal charges; (5) delegate in its discretion, to the Chairperson or Vice-Chairperson, the authority to act for the Commission on administrative and procedural matters; (6) nominate, for selection by the Supreme Court of Appeals, candidates for the position of Judicial Disciplinary Counsel; and (7) engage in such other activities related to judicial discipline as it deems appropriate.
Contact Information
Teresa Tarr, Counsel
Nancy Black, Executive Secretary
City Center East
Suite 1200 A
4700 MacCorkle Ave., S.E.
Charleston, West Virginia 25304
(304)558-0169
(304)558-0831 FAX
Office hours are
Monday through Friday from 8 a.m. to 5 p.m.
** Important Advisory Opinions **
January 27, 2012 - Loan to Campaign Committee/Reimbursement
January 27, 2012 - Resign Council Position to Run for Magistrate
January 27, 2012 - Resign as Magistrate to Run for Sheriff
January 13, 2012 - Necessity of Campaign Committee
June 23, 2011 - Public Financing Pilot Program
March 24, 2008 - Campaign Speech
Filing a Complaint
Complaints filed with the commission are referred to counsel, who reviews each complaint and either refers the matter to an examiner for investigation, asks the respondent judge for a response, or sends it directly to the members of the commission for study prior to consideration at the next meeting. Those complaints which are referred directly to the commission for consideration at a meeting are either dismissed for lack of probable cause or referred to an examiner for investigation.
Prior to any finding of probable cause by the commission, a respondent judge shall be notified in writing of the nature of the complaint. The judge shall have ten days after the date of the notice to file a written response to the complaint. All decisions on whether probable cause exists to refer the complaint to the Judicial Hearing Board are made by the commission at meetings with a majority of the members in attendance. Likewise all decisions on dismissal of complaints are made by the commission at meetings with a majority of the members in attendance. Parties are contacted about the action of the commission after a decision has been made on a complaint.
Some complaints contain more than one allegation against a judge, and the commission may dismiss part of a complaint and find probable cause on part of a complaint.
The Rules of Judicial Disciplinary Procedure include a provision that all information provided, documents filed or testimony given with respect to any investigation or proceeding under the Rules of Judicial Disciplinary Procedure shall be privileged in any action for defamation. All members of the Commission, the Judicial Committee on Assistance and Intervention, the Office of Disciplinary Counsel, and their employees, shall be absolutely immune from civil suit in the same manner as members of the judiciary in this state for any conduct in the course of their official duties.
More about filing a complaint
Complaint Form
