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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
2014-08 executor/administrator, family member and bond

Can a magistrate post bond for his/her sibling as Administrator of an estate they are both heirs too? [4D(1) and 4E]
2014-07 disclosure/disqualification and family member

Can a circuit judge preside over matters that have previously been handled by his/her magistrate spouse? [2A and 3E(1)(d)(i)]
2014-05 extrajudicial activities, letter and boards/commissions

Can a judge participate in or write a letter of support for a Community Response Team (STOP) that includes the county prosecutor’s office, the Family Refuge Center, the local police department and the county sheriff’s department? [4C(3)]
2014-04 campaign activities

When is a judicial candidate permitted to start campaigning for office? [5B, 5C(1)(b), 5C(2) and 5E]
2014-03 extrajudicial activities and compensation

Is it permissible for a family court judge to publish a book and receive compensation for the same? [4A, 4B and 4H]
2014-02 conflict and disclosure/disqualification

Should a judge who becomes aware of a possible conflict of interest on the part of an attorney appearing before him/her in a divorce case raise the issue with both parties? [3D(2)]
2014-01 extrajudicial activities and executor/administrator

Can a judge serve as a personal representative for a close friend’s estate? [4E(1) and 4E(2)]
2013-17 disclosure/disqualification

Should a judge voluntarily disqualify himself/herself from presiding over a matter involving a magistrate’s step-daughter? [3E(1)(a)]
2013-16 practice of law and guardian/conservator

Is it permissible for a mental hygiene commissioner to act as counsel or guardian ad litem in a Guardianship/Conservator proceedings in other courts? [6C(2)]
2013-15 extrajudicial activities and education

Can a magistrate volunteer as a tutor for a non-profit youth empowerment program? (4C(3)]