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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
2010-12 extrajudicial activities, government and boards/commissions

What is the significance of a JIC Advisory Opinion? [None]
Can a judge accept an appointment to a governmental board and can he/she participate in judge led stakeholder meetings? [4C(3)]
2010-11 extrajudicial activities and boards/commissions

Can a mental hygiene commissioner serve on a local hospital board? [6C and 4C(3)]
2010-10 disclosure/disqualification, family member and law enforcement

How long is a judge required to disclose that his/her son serves as a city police officer? [3E]
2010-09 disclosure/disqualification and former employment

Is a circuit judge disqualified from presiding over cases that he/she participated in as a family court judge? [3E]
2010-08 extrajudicial activities and boards/commissions

Can a judge serve as a member of the WV Sesquicentennial Civil War Commission Advisory Board? [4C(3)(b)]
2010-07 appearance of impropriety/impropriety, family member and bail bondsman

Can a judge grant a bonding company the authority to serve as surety on bail bonds in your jurisdiction when his/her secretary’s father-in-law is a principal of the company? [2A]
2010-06 staff and poll worker

Can a judge’s secretary serve as a poll worker? [None]
2010-05 disclosure/disqualification and staff

Is it permissible for a disqualified judge’s staff to participate in cases where the judge was recused? [None]
2010-04 disclosure/disqualification, extrajudicial activities and boards/commissions

Can a judge participate in judge-led stakeholder meetings involving abuse and cases? [4A(1)]
2010-03 disclosure/disqualification, extrajudicial activities and boards/commissions

Is it permissible for a judge to serve on a substance abuse advisory committee if he/she sends children to the program? [4A(1), 4A(2) and 4(A)(3)]