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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
2024-02 real estate, extrajudicial activity, concurrent employment, rental property

If a magistrate candidate is elected can he/she continue to be employed by a real estate company as a realtor and can he/she own rental property with another individual? [3.1(A), 3.1(B), 3.11(A), 3.11(B)]        
2024-01 extrajudicial, elimination, title

Can a judge use his/her title for a generated list of ticketholders for a charity elimination dinner? [none]
2023-29 extra-judicial, fundraising, solicitation

Can a judge designate a courthouse employee as a conduit for fundraising between a charity and the breeder of a therapy dog? [3.7(A)(2)]

 
2023-28 political, campaign, and bumper sticker

Can a judge have a bumper sticker on his/her car that says “Stop the GOP?” [4.1(A)(3), 4.2(A)(1)]
2023-27 campaign, election and staff

What campaign activity, if any, can a judge’s employee engage in on behalf of the judge? [4.1(A), 4.1(B), 4.2(A), 4.2(B)]
2023-26 campaign, election, campaign biography

What can a judicial candidate list on his/her campaign bio? [None]
2023-25 campaign, election, campaign committee, fundraiser

Can candidates running for office serve on a judge’s campaign committee or sponsor a fundraiser? [4.1(A)(3), 4.4]
2023-24 extrajudicial activity, volunteer, fireman, emt

Can a judge serve as a volunteer fireman or EMT? [None]
2023-23 television, media, pending/impending cases, impropriety, appearance of impropriety, prestige of office, impartiality

When is it appropriate for a judge to discuss pending/impending cases? [1.2, 1.3, 2.2, 2.10]
2023-22 artificial intelligence, impropriety, appearance of impropriety, decision, competence

When may a judge use artificial intelligence in his/her work? [1.2, 2.2, 2.4(B), 2.5(A), 2.7]