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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
2012-07 campaign activities and extrajudicial activities

Does a magistrate candidate have to immediately resign his/her membership and/or office in civic and political organizations? [4C(3), 5A(1)(e) and 5A3(a)]
2012-06 campaign activities, non-judicial office and resign to run

Must a mental hygiene commissioner and substitute drug court judge immediately resign his/her positions upon announcing his/her candidacy for House of Delegates? [6A, 6C(1) and6C(2)]
2012-05 concurrent employment

Must a judge obtain permission from the Administrative Director before engaging in concurrent outside employment? [4D(3)]
2012-04 campaign activities, campaign committee and loan

Can a judicial candidate loan his/her campaign committee money and may the loan be repaid using political contributions when they become available? [5C(2)]
2012-03 campaign activities, non-judicial office and resign to run

Should a magistrate immediately resign upon announcing his/her candidacy for sheriff? [5A(2)]
2012-02 campaign activities and resign to run

Does a city council member have to resign his/her position to run for magistrate? [5A9(2)]
2012-01 campaign activities and campaign committee

Must a magistrate have a campaign committee when he/she does not accept any contributions? [5C]
2011-23 extrajudicial activities and disclosure/disqualification

Is a judge who serves as a volunteer auxiliary coach precluded from presiding over cases involving the Board of Education? [4A(1), 4A(2), 4A(3) and 4C(3)]
2011-22 practice of law

Can a mental hygiene commissioner or members of his/her firm represent a party in a guardianship/conservator proceeding which is presided over by the circuit judge sitting in the same jurisdiction as the MHC?[6A, 6C(1), 6(C)(2)]
2011-21 judicial duties and discipline

What should a judge do if he/she believes an attorney may have misused trust funds and/or billed public defender services for services not performed? [3B(1), 3E(1)(a) and 3E(1)(d)