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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
2015-11 disclosure/disqualification, election

Should an incumbent judge disqualify himself/herself from presiding over cases involving a campaign opponent lawyer? [3E]
2015-10 public defender

When is it appropriate for a judge to remove an assistant public defender from a case? [None]
2015-09 extrajudicial activities, winding down practice and letterhead

Can the father of a judge-elect, who was in a firm with his son, continue to use the firm name for tax purposes until the end of the year if he removes his son’s name from the letterhead? [4G]
Would it be permissible for the Judge-elect to continue to use the exercise equipment at the firm after he/she takes office?
2015-08 disclosure/disqualification, former associate and prosecutor

Should a newly appointed judge disqualify himself/herself from presiding over cases involving an associate at his former firm who also works as an assistant prosecutor? [3E(1)]
2015-07 confidential and law enforcement

Can a family court judge provide nonpublic information acquired during a confidential proceeding to law enforcement? [3B(11)]
2015-06 disclosure/disqualification and former employment

Is a judge disqualified from presiding over juvenile matters because he/she previously represented the child’s parent in an abuse and neglect proceeding? [2A and 3E(1)]
2015-05 staff, family member, appearance of impropriety/impropriety, employment and bail bondsman

Is it permissible for a cohabitating partner of a magistrate assistant to be employed as a bail bondsman? [1A, 2A, 3C(5) and 3E(1)(c)]
2015-04 extrajudicial activities and boards/commissions

Can a magistrate serve on the Board of Directors for New Horizon Industries, Inc.? [4C(3)]
2015-03 family member, employment and process server

Can a magistrate’s spouse work as a process server? [1A, 2A, 3E(1)(c)]
2015-02 practice of law

Can a lawyer magistrate on his/her own time prepare wills, deeds and rental agreements, perform legal work for the County Commission and/or teach on the college level? [1A, 2A, 3E(1), 4B and 4G]