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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
2014-18 practice of law

Can a family court judge concurrently serve as a JAG officer? [4G]
2014-17 class action and representative

Can a judge serve as the representative plaintiff in a class action suit? [2B, 3E(1)(c) and 3E(1)(d)]
2014-16 extrajudicial activities and executor/administrator

Can a judge who served as an administrator of a relative’s estate be a special commissioner in a land sale of real property that was ordered following a partition suit? [None]
2014-15 extrajudicial activities and law enforcement

Can a magistrate be a general partner in a pizzeria with a deputy sheriff? [4B(1)(b)]
2014-14 staff, family member and appointment

Can a judge appoint the spouse of his/her law clerk as fiduciary commissioner? [1, 2A, 3C(4) and 3E(1)]
2014-13 appearance of impropriety/impropriety and prosecutor

Can a judge ask a prosecutor to handle truancy cases in a specific manner? [2A]
2014-12 extrajudicial activities and government

Is it permissible for a magistrate to attend a meeting of the Regional Jail Authority’s Cost Containment Committee? [4C(1)]
2014-11 campaign activities, signs and parking

May a judicial candidate who has campaign signs on his/her vehicle park at a public meter or public parking space in the vicinity of the courthouse or judicial annex? [5A(1)(d)]
2014-10 disclosure/disqualification and former employment

Is a newly appointed judge who had been an elected prosecutor required to disqualify himself/herself from all abuse and neglect cases originating during his/her term as prosecutor? [3E(1)(b)]
2014-09 campaign activities and signs

Is a mental hygiene commissioner precluded from posting campaign signs on his/her property or engaging in other campaign activity for a family court judge candidate? [5A(1) and 5D]