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JUDICIAL INVESTIGATION COMMISSION
ADVISORY OPINIONS


In 2021, the Judicial Investigation Commission decided to update the JIC Advisory Opinion Website. All relevant opinions were redacted to remove the identifying information of the requestor and uploaded in their entirety to the website. Importantly, they are now searchable by assigned number, topic and/or Code provision. Obsolete opinions were identified and retired.

Numbers were given to each advisory opinion. The number to the left of the hyphen (-) represents the year in which the advisory opinion was written. The number to the right of the hyphen (-) is the actual opinion number. New topics were created, and each advisory opinion was ascribed one or more for ease of reference. Lengthy summaries were reduced to questions(s) presented and applicable Code Rules have been listed to the right of them. Not every advisory opinion contains a Rule.

Beginning with JIC AO 2015-23 through the current advisory opinion, the Rules cited pertain to the West Virginia Code of Judicial Conduct in effect from December 1, 2015 to the present time. Beginning with JIC Advisory Opinion 1993-02 through JIC Advisory Opinion 2015-19, the Rules cited pertain to the Code in effect from January 1, 1993 through November 30, 2015. Beginning with JIC Advisory Opinion 1985-01 through JIC Advisory Opinion 1992-23, the Rules cited pertain to the Code in effect from January 1, 1973 through December 31, 1992.

Retired Advisory Opinions from 6/6/2023

Retired Advisory Opinions from 12/10/2021

Old to new code conversion

Advisory Opinion Topic Words


 

Complaint Number Topic Question/Code Reference
2026-01 Law clerk, employee, resign to run, nonjudicial office

Must a law clerk follow the resign to run rule if he/she runs for a nonjudicial office outside the circuit [4.5A]

2025-14 Disqualification, disclosure, ex husband, attorney representative

Is a family court judge disqualified from presiding over cases involving her ex husband’s law partners and her former attorney who represented her in her divorce case [2.11]

2025-13 Memorial service, political

Whether a judge may speak at a public memorial for a political activist/author/media personality? [2.10, [4.1(A)(2)

2025-12 Teaching, education

Whether a law clerk can continue to teach classes pertaining to professional development [3.1]

2025-11 Teaching, education and limited liability corporation 2025-11

Whether a magistrate, with investigative and expert witness experience, can start an LLC and set up and teach a class pertaining to sex crimes? [2.1, 3.1, 3.11, 3.12, 3.15]

2025-10 Disclosure, disqualification, family member

Is a judge disqualified if his/her daughter-in-law works as a legal assistant in the prosecutor’s office? [2.11]

2025-09 Extrajudicial, personal interest, disclosure, disqualification, practice of law

Can a judge take any steps to oppose the condemnation of his/her own real property? [1.3, 2.11, 3.10]

2025-08 Employment, coach, extrajudicial

Can a family court judge coach junior/high school sports? [none]

2025-07 Employment, impropriety, appearance of impropriety

Can an individual apply for a magistrate position in the same county where he/she resides with a magistrate assistant? [1.2, 2.13]

2025-06 Disclosure, disqualification, law clerk

Is a judge disqualified from presiding over cases if he approaches a public defender about working as his/her law clerk [2.11]