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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
2019-10 extrajudicial activities and charity

Can a charitable fund which accepts donations on behalf of an animal rescue organization be set up in a judge’s name? [1.2, 3.7(A) and 3.13(A), 3.13(B)(2), 3.15(C)]
2019-09 disclosure/disqualification and former employment

Can a former legislator who is now a state supreme court justice preside over an appeal of the right to work law given his/her prior comments in support of the legislation while a legislator? [1.2 and 2.11(A)(1), 2.11(C)]
2019-08 extrajudicial activities and concurrent employment

Can a magistrate own a pawn shop? [1.2 and 3.11(C)]
2019-07 practice of law, appearance of impropriety/impropriety

Can lawyers who are in the same firm as a mental hygiene commissioner represent parties in a guardianship proceeding before other mental hygiene commissioners presiding in the same county? [1.2]
2019-06 campaign activities and resign to run

Should a member of the WV House of Delegates resign to run for judicial office? [None]
2019-05 family member, election and poll worker

Can a magistrate’s spouse serve as a poll worker in a municipal election? [4.1]
2019-04 disclosure/disqualification and confidential

Can a judge, who learned in a confidential abuse and neglect proceeding that a party had tested positive for meth, disclose the information to a prospective employer of the litigant? [3.5]
2019-03 extrajudicial activities, boards/commissions and EMT/firefighter

Can a magistrate serve on the county fire board? [1.3, 3.1(A), 3.1(B), 3.1(C) and 3.7(A)(2)]
2019-02 campaign activities, campaign committee and treasurer

Can a circuit clerk serve as a campaign treasurer for a candidate for supreme court when the circuit clerk is not running for office? [1.2, 4.1(A)(3) and 4.4]
2019-01 winding down practice and financial activities

Can a recently appointed judge, as a withdrawing member of his/her law firm, receive monthly installment payments as a buyout from his/her share in the firm? [2.11(A), 2.11(C) and 3.11(C)]