Skip to main content

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
2023-01 disclosure, disqualification, doctrine of necessity, recidivist

Can a judge arraign a defendant on a recidivist information if he/she prosecuted the same person on one of the predicate felonies? [2.11]
2022-32 disclosure, disqualification, staff, appointment

Is a judge disqualified from presiding over cases involving a lawyer hired by the judge’s assistant to represent her minor son in a juvenile matter? [2.11(A)(1) and 2.13]
2022-31 concurrent, employment

Can a mental hygiene commissioner concurrently serve as an assistant prosecutor in another jurisdiction? [None]
2022-30 extrajudicial activities, charity, education, solicit, donation

Can the West Virginia Bar Foundation seek donations as part of its annual giving drive for the Learning Center? [3.7(A)(2)]
2022-29 disclosure, disqualification, family member, education

Can a judge decide the constitutionality of a scholarship program for private school/home-schooled students if his/her child attends private school or is home-schooled but does not utilize the scholarship program and the judge was formerly on a board at the school that did not deal with financial issues? [2.11(A)(1), 2.11(A)(5)]
2022-28 disclosure, disqualification, appointment

Is a judge per se disqualified from presiding over a case involving the governor who has appointed him/her to office? [2.11(A)(1), 2.11(A)(5), and 2.11(C)]
2022-27 campaign, candidate, slogan

Can a prosecutor who runs for judge use the slogan “Prosecutor ____ for Judge?” [4.1(A)(10), 4.1(A)(11)]
2022-26 disclosure, disqualification, spouse, employment, education

Can a judge decide the constitutionality of a scholarship program for private school/home schooled students if his/her spouse is employed as a transitional kindergarten teacher at a private school and he/she has nieces and nephews who attend private school or are home schooled but do not avail themselves of the scholarship program? [2.11(A)(1) and 2.11(A)(5)]
2022-25 extrajudicial activities, bias, law enforcement

Can a magistrate maintain his or her law enforcement certification after taking office as a magistrate? [2.3(A) and 2.4(B)]
2022-24 disclosure, disqualification, spouse, employment, and education

Should a judge disclose or disqualify from a case when the child of an attorney is in his/her spouse’s classroom but not actively involved in a case before the judge? [2.11(A)(1) and 2.11(A)(5)]