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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
2000-40 disclosure/disqualification and family member

Is a family court judge per se disqualified from presiding over cases involving DHHR and/or Child Support Enforcement if his/her spouse is employed by one of the entities in a clerical position? [3E(1)]

2000-39 extrajudicial activities and financial activities

If elected to office, can a magistrate concurrently own an insurance agency? [4D(3)]

2000-38 extrajudicial activities and law/ legal system/administration of justice

Is it permissible for judges and/or the family court association to publicly advocate for the Unified Family Court Amendment? [4A, 4B and 4C(1)]

2000-37 extrajudicial activities, public comment and pending/impending

Can a senior status judge participate in a survey that includes questions about the most important issues facing the State? [None]

2000-36 campaign activities, donation and political organization

Can a judge donate building space in which he/she has an interest to the democratic party for use as a headquarters in an upcoming election? [5A(1)(b), 5C(1)(a)(iii)]

2000-35 disclosure/disqualification and practice of law

Can a part-time juvenile referee represent a party in a legal malpractice case regarding the party nominee for prosecutor? [3E(1)]

2000-33 campaign activities and fundraising

Can a campaign committee sponsor a roast and/or a golf tournament for its judicial candidate? [5C(2)]

2000-32 extrajudicial activities, compensation and reporting requirements

What is a judge required to disclose on the financial reporting form? [4H(2)]

2000-31 extrajudicial activities, testimony and letter

Can a judge who has been subpoenaed to testify as a witness in a matter substitute a letter for live or telephonic testimony? [2B]

2000-28 extrajudicial activities

Can a magistrate become a member of the supervisory committee of the United Federal Credit Union? [4C(3)(a)]