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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
2017-16 disclosure/disqualification, lawsuit, official capacity and complaint

Is a judge automatically disqualified from presiding over a case when a party to the matter has sued the Judge in his official capacity or has filed a judicial ethics complaint against him/her? [1.2, 2.11(A) and 2.11(C)]
2017-15 extrajudicial activities, charity and fundraiser

Can a magistrate participate in a United Way Dancing with the Stars fundraiser? [1.2 and 3.7(A)(2)]
2017-14 disclosure/disqualification, family member and rental property

Should a judge recuse himself/herself from all cases involving a lawyer tenant who rents commercial office space from the judge’s spouse? [1.2, 2.11(A)(1) and 2.11(C)]
2017-13 disclosure/disqualification and witness

Should a family court judge disclose that she was a witness in a disciplinary proceeding involving a former circuit judge who is now representing clients in her court?[2.11(A)(1) and 2.11(C)]
2017-12 disclosure/disqualification and former employment

Is it permissible for a judge to handle cases involving a BCSE attorney who once was an associate in a law firm where the judge was a partner? [2.11(A)(1), 2.11(A)(2) and 2.11(C)]
2017-11 extrajudicial activities, charity and fundraising

Can a judge participate in a charitable fundraiser where his/her spouse was one of the event organizers if he/she does not engage in any fundraising, planning, or solicitation? [3.1(A), 3.7(A)(2) and 3.7(A)(4)]
2017-10 disclosure/disqualification and prior representation

Is disqualification required when an attorney previously represented a judge in a matter? [2.11(A) and 2.11(C)]
2017-09 disclosure/disqualification, former employment and mediation

Can a family court judge preside over child custody cases he/she previously worked on as a mediator? [1.2, 2.2, 2.9 and 2.11]
2017-08 disqualification, prosecutor and former employment

Should a Judge disqualify himself/herself from presiding over cases he/she prosecuted as an assistant prosecutor? [2.7(A)(1) and 2.11(A)(5)]
2017-07 extrajudicial activities and church

May a Judge run for election or be appointed to a church parish council? [3.1, 3.7(A)(2) and 3.7(A)(6)]