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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
2011-19 financial activities and family member

What financial activities may a newly appointed judge engage in concerning his law partner/cousin since he would not preside over any cases involving his relative? [4C(2) and 4D]

2011-18 disclosure/disqualification

Are judges disqualified from presiding over cases involving a lawyer who is also a county commissioner? [none]

2011-16 disclosure/disqualification and family member

Is a judge disqualified from presiding over cases involving a lawyer who has employed the judge’s granddaughter on a part-time basis? [None]

2011-15 extrajudicial activities

Should a magistrate serve on a committee to identify areas in the city water system that need attention? [4C(3)(a)]

2011-14 disclosure/disqualification

Is a circuit judge disqualified from presiding over an abuse and neglect case when the same parties appeared before him/her when he/she was a family court judge? [3E(1)]

2011-12 disclosure/disqualification

Is a circuit judge disqualified from presiding over cases he/she heard as a family court judge? [none]

2011-11 financial activities

Can a magistrate and his wife form a house cleaning business with another couple?[4D(3)]

2011-10 extrajudicial activities and government

Can a judge remain on the county extension service committee as a public member?[4C(3)]

2011-09 extrajudicial activities and fundraising

Is it permissible for a judge’s wife to remain as president and CEO of Hospice if she does not engage in any fundraising? [None]

2011-08 donation and political organization

Can a magistrate donate to a political organization? [5C(a)(iii)]