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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
2024-13 sanction, donation, charity, order

Is it permissible for a judge to sanction a lawyer for failure to timely prepare an order by requiring him/her to make donations to a charity? [1.2, 1.3, 2.3(A), 2.5(A)

2024-12 campaign, advertisiement, television, election, law enforcement

When may a judicial candidate use law enforcement in a campaign ad? [4.2(B)(4)]

2024-11 comfort dog, handler, prestige of office, external influence

When, if ever, can a judge be a handler for a court comfort dog? [1.3, 2.4(B)]

2024-10 extrajudicial, civic, television

When can a judge, if ever, host a civic television program? [2.10(A), 2.10(B), 3.1(A), 3.1(B), 3.1(C), 3.7(A)

2024-09 Candidate, judge-elect, pending/impending case, verdict teach

When can a candidate/judge elect discuss/teach on a case he/she obtained a successful verdict on as a lawyer representing a party? [2.10(A)]

2024-08 extrajudicial activities, solicit, auctioneer
Can a judicial official serve as a part-time paid auctioneer and can he/she serve as one for charity auctions? [3.1(A), 3.1(B), 3.1(C), 3.7(A)(2)]
2024-07 opinion, fact, disavow, decline, false, third party

When will the JIC decline to issue an advisory opinion? [none]

2024-06 campaign, election, attorney, political party, representation

Can a judicial candidate represent a political party in a lawsuit while concurrently running for office? [4.1(A)(1), 4.1(A)(2), 4.2(A)(1)]

2024-05 campaign, election, case comments

Can a prosecutor who is running for judge post about cases on the prosecutor website? [4.1(A)(10), 4.1(A)(11)]

2024-04 extrajudicial activities, coach, referee

Whether a judge can serve as a school coach or SSAC referee? [3.1, 3.12]