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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
2021-14 concurrent employment

Can a magistrate engage in outside employment as a security officer? [1.2 and 3.1]
2021-13 staff and concurrent employment

Can a law clerk work weekends for a winery? [3.1]
2021-12 disqualification and financial activities

When should a judge recuse himself/herself when he/she is paid royalties from a gas company who is a party to a suit before him? [2.11(A)(1), 2.11(A)(2), 2.11(A)(3) and 2.11(C)]
2021-11 extrajudicial activities, boards/commissions and government

Can a judge serve ex officio on the Community Criminal Justice Board? [3.4]
2021-10 staff, concurrent employment, municipal judge and government

Is it acceptable for an assistant to a judge to serve as a municipal judge? [1.2, 2.12(A), 3.1(A), 3.1(B) and 3.1(C)]
2021-09 disqualification, former employment and public defender

What are the disqualification requirements for a deputy public defender who is appointed judge? [2.11(A)(1), 2.11(A)(5) and 2.11(C)]
2021-08 disqualification and official capacity

Is a judge, who is also a defendant in a federal lawsuit, disqualified from presiding over cases involving a lawyer who is a co-defendant in the suit? [2.11(A)(1) and 2.11(C)]
2021-07 extrajudicial activities and award

Is it appropriate for a judge to attend and accept an award as part of an annual Children’s Memorial Flag Day Ceremony? [3.1(A), 3.1(B), 3.1(C) and 3.13(B)(1)]
2021-06 formal opinion and moot

When does the JIC decline to issue a formal opinion and/or deem the question presented moot? [None]
2021-05 disqualification, former employment and prosecutor

What are the disqualification rules for a judge who previously served as an assistant prosecutor? [2.11(A)(1), 2.11(A)(5) and 2.11(C)]