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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
2001-06 extrajudicial activities and boards/commissions

Can a senior status judge sever as a board member of the Welch Co-op? [4D(3)]
2001-05 disclosure/disqualification and former employment

Is a judge disqualified from presiding over cases where he was formerly sued by a party’s lawyer and which there may be some unresolved issues involving a co-defendant in the case?
Is a judge disqualified from presiding over a criminal case against a defendant where he/she represented the co-defendant before becoming judge? [3E(1)]
2001-05 appearance of impropriety/impropriety

Can a magistrate provide frequently used telephone numbers on a placemat at a local restaurant with his/her name and title above the information? [2B]
2001-04 extrajudicial activities and trustee

Can a judge serve as a trustee for a foundation which has a primary interest in research on public awareness of a disease known as cardiomyopathy? [4C(3)]
2001-03 disclosure/disqualification, family member and prosecutor

Is a family court judge per se disqualified from presiding over domestic violence protective order cases when his/her prosecutor spouse has direct involvement in the matter? [3E(1)]
2001-02 extrajudicial activities, real property and financial activities

Should a judge sell his or her holdings in a real estate partnership with other lawyers? [4D1]
2001-01 winding down practice and financial activities

May a judge accept a proposed buyout from a former law firm where he/she was an equity partner? [4D]
2000-43 judicial duties

Can a judge-elect continue to use his old firm as an office upon becoming judge since the County Commission will not have a new courtroom ready for three months? [None]
2000-42 winding down practice

Can a judge-elect collect accounts receivable and contingency fees from his/her former law practice? [None]
2000-41 campaign activities and fundraising

Is it permissible for a campaign committee to raise additional funds for a judge-elect who is facing a petition to contest the election? [5C(2)]