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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
2016-33 extrajudicial activities, and government

May a judge accept an invitation to participate in a “brainstorming event” put on by the Governor-elect and concerning substance abuse? [3.4]
2016-32 senior status and practice of law

Can a judge maintain senior status while also handling of counsel cases in out of state courtrooms? [None]
2016-31 senior status, practice of law and family member

Can a senior status judge represent his/her son on a misdemeanor charge and/or a probation violation in a county where he/she sits on occasion? [None]
2016-30 ex parte and guardian/conservator

Is it permissible for a judge to consult with a court-appointed guardian ad litem off the record and outside the presence of the parties or their attorneys? [2.9]
2016-29 extrajudicial activities and boards/commissions

Can a family court judge continue to serve on several charitable boards/commissions after assuming office? [3.1, 3.7(A)(2) and 3.7(A)(6)]
2016-28 extrajudicial activities and civic

Can a family court judge-elect continue to serve as Secretary/Treasurer for the WV Symphony after assuming office? [3.1, 3.7(A)(2) and 3.7(A)(6)
2016-27 extrajudicial activities, charity and trustee

Can a judge-elect continue to serve as a trustee for and receive compensation from a charitable trust after taking office? [3.1, 3.7(A)(6) and 3.12]
2016-26 judicial duties and prosecutor

May a judge ask the prosecutor to provide him/her with a list of names and charges to be presented to each grand jury in advance of each session? [None]
2016-25 disclosure/disqualification, prosecutor and former employment

When may a former prosecutor who was elected judge serve as drug court judge? [2.11(A)(1), 2.11(A)(5) and 2.11(C)]
2016-23 disclosure/disqualification and family member

Is a judge whose daughter has been elected county prosecutor per se disqualified from presiding over county administrative, tax or planning commission appeals when the county is being represented by outside counsel? [2.11(A)(2) and 2.11(C)]