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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
2007-29 ex parte, staff, campaign activities and disclosure/disqualification

Can a judge confer with his/her probation officer without holding a hearing or notifying the parties to the case? [3B(7)]
Must a judge disclose the relationship between the judge and his/her campaign manager and/or treasurer when they are attorneys who regularly appear before the judge?
2007-28 campaign activities and resign to run

Does a mental hygiene commissioner have to resign his position once he/she has filed pre-candidacy papers to run for prosecuting attorney? [5A(1), 5A(2) and 6]
Is a mental hygiene commissioner able to serve as the campaign treasurer for prosecuting attorney candidate?
2007-27 campaign activities

Can a family court judge use the term “judge” when running for circuit court? [None]
2007-26 extrajudicial activities and appearance of impropriety/impropriety

May a magistrate join the Daughters of the American Revolution? [2C]
2007-25 disclosure/disqualification and practice of law

Can a mental hygiene commissioner represent individuals in guardianship/conservator proceedings before a local circuit judge? [None]
2007-24 campaign activities

Can a judicial candidate in a non-election year who has filed pre-candidacy papers and has formed a committee begin campaigning as if it were an election year? [None]
2007-23 disclosure/disqualification and family member

Should a judge disqualify himself/herself where his brother’s attorney is counsel for one of the parties? [3E(1)]
2007-22 extrajudicial activities, government, and boards/commissions

May a family court judge serve on the West Virginia Archives and History Commission? [None]
2007-21 campaign activities and resign to run

Must a mental hygiene commissioner resign his/her position if he/she runs for Circuit Judge, Family Court Judge or Prosecuting Attorney? [5A(2)]
Must a mental hygiene commissioner resign his/her position if he/she accepts employment as an assistant prosecutor?
2007-20 disclosure/disqualification, staff and law enforcement

Is a magistrate disqualified from presiding over any cases where a city police officer is engaged to his/her magistrate assistant? [3A and 3E(1)]