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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
2006-04 appearance of impropriety/impropriety, family member, gift/loan/bequest/devise and disclosure/disqualification

Is a judge disqualified from a proceeding where his/her first cousin is a witness to the matter and recently gifted the judge with a handbag valued at $50.00? [1A, 2A and 3E(1)]
2006-03 extrajudicial activities, and fundraising

Can a family court judge participate in obtaining a grant for a center that houses victims of domestic violence? [1A and 4A]
2006-01 extrajudicial activities, fundraising, civic and honoree

Can a judge serve as an honoree for a fundraising dinner sponsored by the Boy Scout’s “Friends of Scouting?” [4C(3)]
2005-23 extrajudicial activities and gift

Can judicial employees accept turkeys from the County Commission at Christmas? [4D(5)]
2005-22 extrajudicial activities and financial activities

Can a judge and/or family members invest in as a shareholder and/or serve on the board of directors of a closely held out of state bank? [4A(1) and 4D(3)]
2005-21 disclosure/disqualification and former employment

Is a family court judge disqualified from handling cases where he served as a child advocate? [None]
2005-20 appearance of impropriety/impropriety and extrajudicial activities

May the Rape and Domestic Violence Information Center have a luncheon at the courthouse for magistrate and family court employees? [None]
2005-19 extrajudicial activities and boards/commissions

Can a magistrate serve on the Board of Directors of a group that advocates for and protects the legal rights of individuals with disabilities? [4C(3)]
2005-18 extrajudicial activities

Can a judge participate in a non-profit fishing club as a minority shareholder with a lawyer who regularly appears before him/her? [4D(1)]
2005-17 appearance of impropriety/impropriety, family member and bail bondsman

Can a magistrate’s brother serve as a bail bondsman for magistrate court cases in the same county as the magistrate presides? [1A and 2A]