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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
2011-07 extrajudicial activities and boards/commissions

    Is membership on a committee working on systemic problems with groups that may have individuals appearing before the judge a violation of the Code of Judicial Conduct? [None]
2011-06 disclosure/disqualification

Should a family court judge preside over any case handled by a lawyer who the judge sued 13 years ago?[None]
May the judge preside over any case in which his wife and her law partner serve as counsel? [None]
2011-05 disclosure/disqualification, staff and family member

Can a law clerk work on any cases involving his/her lawyer fiancé? [None]
2011-04 disclosure/disqualification, staff and family member

Whether a judge should consider disqualifying himself/herself from presiding over cases involving lawyers who are married to or living with a probation officer and/or his/her law clerk? [None]
2011-03 family member, extrajudicial activities and board/commissions

Can a judge’s wife serve as CEO and president of Hospice, a member of the local bank’s board of directors and a member of the County’s Democratic Women’s Club? [None]
2011-02 disclosure/disqualification

Should the judge disclose a potential conflict where a defendant in a criminal case was the co-defendant of a man the judge represented before taking the bench? [3E(1)(a) and 3E(1)(b)]
2011-01 mediation/arbitration

Should a lawyer serve as a mediator in a county in which he/she sits as a temporary family court judge? [None]
2010-20 extrajudicial activities, charity and boards/commissions

Can a magistrate serve on the Board of Directors of the Salvation Army? [4C(3)(a) and 4C(3)(b)]
2010-19 disclosure/disqualification

Should a judge disqualify himself/herself from a case involving a lawyer who was a former client approximately ten years ago? [3E(1)]
2010-18 disclosure/disqualification, staff and family member

Can a judge hire a court reporter whose son routinely practices in that court? [2A and 3E(1)]