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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
2003-11 disclosure/disqualification and financial activities

Is a judge disqualified from presiding over cases involving a lawyer who shares office space with the judge’s former lawyer spouse? [4D(1)]
2003-10 administrative responsibilities, family member, employment and nepotism

Can the high-school-aged daughter of the Magistrate Clerk work as a part-time co-op employee in his/her office? [3C(4)]
2003-09 disclosure/disqualification and representation

Is a judge disqualified from handling any matters involving a lawyer who is representing the judge’s homeowner association against a neighbor and where the judge will likely be called as a witness? [3E(1)]
2003-08 disclosure/disqualification, former employment and prosecutor

Can a judge handle a habeas if he/she had preliminary discussions about the matter as a prosecutor? [3E(1)]
2003-07 disclosure/disqualification, former employment, public defender, extrajudicial activities and boards/commissions

Is a magistrate who served as an assistant public defender disqualified from presiding over cases involving former clients? [3E(1) and 4C(3)]
Can a magistrate serve on the board of a non-profit organization designed to promote traditional music and dance?
2003-05 disclosure/disqualification and rental property

Is a judge disqualified from handling cases involving a lawyer who rents office space from the judge’s spouse? [4D(1)]
2003-04 extrajudicial activities and concurrent employment

Can a magistrate concurrently work at a local supermarket and/or become a stockholder in the company? [4D(3)]
2003-03 extrajudicial activities and door prize

Can a judge except a $75 door prize upon holding the winning ticket? [None]
2003-02 Staff, law enforcement and appearance of impropriety/impropriety

Can a magistrate hire a police department dispatcher to concurrently serve as his/her magistrate assistant? [1, 2A]
2003-01 extrajudicial activities and boards/commissions

Can a magistrate serve on a recruitment board designed to bring health care professionals to his/her community? [4A]