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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
2000-09 extrajudicial activities and church

Can a judge serve as a trustee of the Baptist Church for which he/she is a member? [4C(3)]
2000-08 campaign activities, staff and advertisement

Can a judge use his/her staff in a campaign television ad if they volunteer for the activity and they participate on their own time? [5A(3)(b)]
2000-07 campaign activities and family member

Can a magistrate appear on the same ballot as his/her daughter who is running for prosecutor? [5A]
2000-06 disclosure/disqualification and campaign activities

Should a judge disclose that an attorney who practices in his/her court is running against him/her in the upcoming election? [3E(1)]
2000-05 extrajudicial activities and reference

May a graduating law student list a judge as a character reference on the application to take the bar exam in Virginia? [2B]
2000-04 disclosure/disqualification, and family member

Is a judge per se disqualified from presiding over a case involving a law firm where his/her brother-in-law is a partner? [3E(1)]
2000-03 extrajudicial activities, charity and elimination dinner

Can a judge purchase and/or attend an elimination dinner for various nonprofit groups that seek funding for a local sports team or other charitable organization? [None]
2000-01 Campaign committee and fundraiser

Can a judge’s campaign committee hold a fundraiser at the judge’s home? [5C(2)]
1999-23 extrajudicial activities, charity and family member

Can a judge participate in a family foundation whose headquarters are located at her spouse’s law firm? [None]
1999-22 extrajudicial activities and boards/commissions

Can a magistrate serve on the advisory board of the Salvation Army? [4C(3)]