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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
2007-02 ex parte and appearance of impropriety/impropriety

Is it inappropriate for a judge and/or a member of a judge’s staff to have ex parte communication with a party concerning hearing dates or the cancellation thereof or to find out whether mediation or a resolution has occurred? [3B(7)]
2007-01 extrajudicial activities

Is it appropriate for a judge to appear before the legislature concerning the Tri-County Visitation Center and to sponsor a CLE for the benefit of the center? [4A and 4C(3)]
2006-13 extrajudicial activities and boards/commissions

Can a senior status magistrate sit on the board of the homeless men’s shelter? [4C(3)]
2006-11 extrajudicial activities, fundraising, awards and gift/loan/bequest/devise

Can a family court judge participate in a candlelight vigil, a fundraising dinner and/or receive an award sponsored by a domestic violence program? [2A, 4A, 4C(3) and 4D(5)]
Can a family court judge accept candy, cookies or fruit baskets at Christmas from lawyers who appear before them?
2006-10 extrajudicial activities, fundraising and letter

Can a family court judge write a letter of support for an organization to use in an effort to obtain a license to open a Christian-based shelter for women and for fundraising purposes? [4C(3)(b)]
2006-09 judicial duties and appointment

Can a family court judge appoint attorneys to cases who work for the judge’s former employer ? [3C(4)]
2006-08 extrajudicial activities

Can a member of the House of Delegates and family court lawyer host a barbecue for the family court association at its conference? [None]
2006-07 disclosure/disqualification, staff, family member and prosecutor

Is a probation officer disqualified from handling cases involving his/her prosecutor spouse? [None]
2006-06 disclosure/disqualification, family member, prosecutor and employment

Can a magistrate’s wife work as a secretary at the prosecutor’s office? [3E(1)]
2006-05 disclosure/disqualification and staff

Is a law clerk disqualified from handling cases involving firms that he/she has interviewed with for possible employment? [None]