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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
2013-03 disclosure/disqualification and family member

Would a Judge be disqualified from handling any matters involving firms where his daughter and her fiancé work? [3E(1)]
2013-02 disclosure/disqualification and representation

Does an attorney’s prior representation of a Judge disqualify the Judge from presiding over matters involving the attorney? [3E(1)]
2013-01 extrajudicial activities, boards/commissions and EMT/firefighters

Can a magistrate serve on the Board of Directors of the County Emergency Ambulance Authority? [4A]
2012-24 extrajudicial activities and practice of law

Can a judge who served as a hearing examiner for a state agency prior to his/her election prepare a recommended hearing examiner decision upon becoming judge when the transcript and proposed findings were not received until after he/she became judge? [4G]
2012-23 judicial duties, gift/loan/bequest/devise and threat

What should a judge do when he/she receives an anonymous note containing a $20 bill that he/she believes is a possible threat? [None]
2012-22 disclosure/disqualification law enforcement and family member

Is a magistrate per se disqualified from presiding over cases involving the county sheriff’s department when his/father is sheriff ? [3E(1)]
2012-21 disclosure/disqualification

Is a judge who is dating a DHHR Youth Services Supervisor per se disqualified from handling cases involving DHHR? [3E(1)]
2012-20 campaign activities and debate

May a magistrate participate in a local candidate’s debate? [5A(1), 5A(3)(d) and 5C(1)(b)(i)]
2012-19 campaign activities and moral turpitude

Is a non-incumbent candidate for judicial office in violation of the Code of Judicial Conduct when his/her actions are in a domestic violence order being issued? [3D(1), 5A(3)(a) and 6A]
2012-18 concurrent employment

Is it permissible for a mental hygiene commissioner to concurrently serve as a part-time appointed municipal judge? [6C(1) and 6C(2)]