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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
2002-30 campaign activities, family member and photograph

Is it permissible for a municipal judge candidate to use a family photo for campaign purposes which includes his/her spouse who is a circuit judge? [5A(1)]
2002-29 extrajudicial activities and boards/commissions

Can a magistrate be a member of the Chamber of Commerce and/or serve as Vice-Chair of the Board of Directors of the YMCA? [4C(3)]
2002-28 campaign activities and fundraising

Is it permissible for a campaign committee to hold a fundraiser to help pay a judge-elect’s campaign debts? [5C2]
2002-25 extrajudicial activities and donation

Can the members of the Family Court Association collect voluntary donations from its members to retain legislative representation for the 2003 session? [4C2]
2002-24 extrajudicial activities, boards/commissions and financial activities

Can a magistrate serve as a member of a board of trustees for a local cemetery corporation? [4C(3)]
2002-23 extrajudicial activities and boards/commissions

May a judge serve on the governing board for the County Health Sciences and Technology Academy? [4C(3)]
2002-22 extrajudicial activities and boards/commissions

Can a magistrate serve as the chairperson of a local emergency planning committee? [None]
2002-21 disclosure/disqualification and discipline

Is a judge disqualified from presiding over cases involving a police officer who is a witness in a disciplinary proceeding against the judge? [3B and 3E(1)]
2002-20 public comment and pending/impending

Can a family court judge submit a proposed news article involving a generic summation of the cases he/she has heard? [3B(9)]
2002-19 disclosure/disqualification and staff

Is a law clerk precluded from working on cases where he/she has interviewed with a firm or public agency for future employment? [None]