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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
2005-04 staff and financial activities, and rental property

Can a judge rent a cottage to his/her probation officer? [4D(1)]
2005-03 Employment, family member and nepotism

May a judge hire a relative who is in the sixth degree of relationship as a probation officer? [None]
2005-02 disclosure/disqualification and family member

    Is a family court judge disqualified from presiding over cases where his counselor wife provided counseling services to a party or child involved in a case before him/her? [None]
2004-25 ex parte and adjudicative responsibilities

When is it appropriate for a mental hygiene commissioner to speak with medical staff about a pending matter? [3B(7) and 3D]
2004-24 public Comment and pending/impending

Can a justice publicly comment on a recent case concerning the validity of the decision and the internal court procedures that resulted in the decision? [None]
2004-23 extrajudicial activities and boards/commissions

Can a family court judge serve on non-governmental bodies that do no fundraising? [4A and 4C(3)]
2004-22 extrajudicial activities, education, appearance of impropriety/impropriety and letter

Can a judge write a letter of recommendation for law school for a domestic violence advocate who regularly is involved in proceedings in the judge’s court? [2A and 2B]
Can a judge speak at a one-day seminar sponsored by the domestic violence coalition?
2004-21 appearance of impropriety/impropriety

Can a judge hire a frequent litigant in his/her court to work around the judge’s house? [None]
2004-20 campaign activities

Can a magistrate attend a candidate’s forum sponsored by West Virginians for Life where each candidate will be given two minutes to introduce himself/herself? [5A(3)(d)]
2004-19 campaign activities and prosecutor

Can a family court judge, who is also a professional musician, perform at a campaign fundraiser for a prosecutor candidate? [5A(1)(b)]