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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
2013-13 gift/loan/bequest/devise

Is it permissible for a county bar association to honor a retiring judge by raising funds for Legal Aid of WV instead of soliciting money for a banquet or reception? [4C(2) and 4D(5)(a)]
2013-12 disclosure/disqualification and family member

Should a Judge disqualify himself/herself from presiding over any cases in which the WVDHHR is a party since his/her spouse is a plaintiff in litigation involving the agency? [3E(1)(a)]
2013-11 financial activities and real property

Can a recently appointed judge retain his/her 25% interest in a real estate company that has as its only asset a home that has not been sold yet? [4D(2) and 4D(4)]
2013-10 family member, employment and bail bondsman

Is it permissible for a magistrate’s spouse to work as a bail bondsman if he/she does not bond anyone appearing before the magistrate? [1A, 2A, 3E(1)(c)]
2013-09 extrajudicial activities and boards/commissions

Can a magistrate serve on the Volunteer Fire Department Board? [4C(3) and 4D(5)]
Is it permissible for a magistrate to use an extra concert ticket given to his/her spouse for volunteer work at a golf tournament?
2013-08 disclosure/disqualification and former employment

Is a Judge precluded from presiding over cases involving a lawyer who he previously served as co-counsel with on a case and who endorsed his judicial candidacy? [3E(1)]
2013-07 extrajudicial activities and boards/commissions

Can a mental hygiene commissioner and designated drug court judge serve on the Day Report Center Board? [4C(3)]
2013-06 character witness

Can a judge voluntarily testify as a character witness for a defendant in a criminal case? [2B]
2013-05 disclosure/disqualification and former employment

Can a circuit judge hear appeals of cases in which he/she formerly presided over as a family court judge? [None]
2013-04 disclosure/disqualification

Is a judge, who entered into a memorandum of understanding with the Board of Education required to disqualify himself/herself from cases involving the Board since the MOU specifies that the Board has no supervisory authority over school-based probation officers who are court employees? [3E(1)]