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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
2020-16 concurrent employment and bail bondsman

Can a magistrate concurrently serve as a bail bondsman? [3.11(B) and 3.11(C)]
2020-15 practice of law

Is it permissible for a family court judge who is selling his/her home to prepare his/her own deed? [3.10]
2020-14 campaign activities and photographs

May a magistrate candidate in one county use prior swearing-in photos from his/her time serving as a magistrate in another county? [4.1(A)(3) and 4.1(A)(9)]
2020-13 campaign activities, candidate and endorsement

Is it permissible for a judicial candidate to use an endorsement from a member of the WV House of Delegates? [4.1(A)(3)]
2020-12 staff, election and concurrent employment

Can an administrative assistant in a county probation office serve as an election poll worker? [1.2, 2.12(A) and 3.4]
2020-11 campaign activities, charity and donation

Can baskets donated for a judicial campaign be given to the needy? [4.1(A)(7)]
2020-10 disclosure/disqualification and staff

Should a judge who has twice unsuccessfully tried to disqualify himself/herself from a case in which another judge’s assistant is related to the parties and was later listed as a witness disclose the matter in any future proceedings involving the parties? [1.2, 2.11(A) and 2.11(C)]
2020-09 campaign activities, fundraiser and raffle

Can a magistrate candidate purchase a gun to raffle off at a campaign fundraiser? [4.1(A)(6) and 4.1(A)(7)]
2020-08 extrajudicial activities and donation

Is it permissible for a magistrate to donate money in exchange for his/her name being placed on race t-shirts? [1.2 and 3.7(A)(2)]
2020-07 extrajudicial activities, donation and civic

Can a family court judge who raises cattle donate a side of beef to a local DV shelter? [1.2 and 3.1(C)]