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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
2009-10 extrajudicial activities, board/commissions and charity

Can a judge serve on a Board of Education Committee and/or charitable foundations in honor of a child who died of cancer and in support of those who suffer from Crohn’s Disease? [4C(3)(a) and 4C(3)(b)]
2009-09 disclosure/disqualification and staff

Is a magistrate disqualified from presiding over cases involving an attorney who is married to his/her assistant? [3E(1)]
2009-07 extrajudicial activities, government and board/commissions

Can a judge participate in a Commission that the Governor created by executive order? [none]
2009-06 disclosure/disqualification

Is a judge disqualified from presiding over a case when he/she had an initial consultation with one of the parties while in private practice? [3E(1)(a) and 3E(1)(b)]
2009-05 disclosure/disqualification and campaign activities

Is a circuit judge disqualified from presiding over a criminal case involving an individual who along with his/her family campaigned for the judge? [3E1]
2009-04 extrajudicial activities and boards/commissions

Can a juvenile referee be a member of a Board for a nonprofit charitable corporation whose purpose is to operate a drug-testing lab? [6A, 6C and 4C(3)(a)]
2009-03 financial activities and rental property

Can a judge own different rental properties with other parties including a lawyer? [4D(1)(a) and 4D(1)(b)]
2009-02 disclosure/disqualification

Is a magistrate disqualified from presiding over cases involving his/her third cousin police officer? [None]
2009-01 disclosure/disqualification

Does the prior representation of a father in an abuse and neglect proceeding preclude a judge from presiding over a new abuse and neglect proceeding involving the same father but different children? [3E(1)(a)]
2008-15 winding down practice

What activities can a judge-elect engage in to wind down his/her practice? [4G]