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
1998-10 extrajudicial activities, public comment and pending/impending

At the superintendent’s request, may a judge be an active supporter of a school levy? [2B, 4A and4C(3)]
1998-09 extrajudicial activities, letter and testimony

Can a judge write a good character letter for a juvenile in another state to be shown to the prosecutor, counselor, probation officer and/or judge? [2B]
1998-08 extrajudicial activities and boards/commissions

Can a magistrate belong to the WV Federation of Business and Professional Woman’s Clubs, Inc? [4A and 4C]
1998-07 public comment and pending/impending

Can a juvenile probation office post a copy of a new statute impacting on the confidentiality of certain juvenile cases? [None]
1998-06 concurrent employment and guardian/conservator

Can a family law master serve as a guardian ad litem in abuse and neglect cases? [6C(2)]
1998-05 extrajudicial activities, public comment and law/legal system/administration of justice

May a judge take a public position on the issue of a constitutional amendment relating to the legislature’s authority to create statutory court courts in WV? [4A, 4B and 5D]
1998-04 extrajudicial activities. boards/commissions and law enforcement

Can a judge serve on an advisory board that is part of a block grant fund program which reviews the hiring and training of law enforcement officers and support personnel? [4A]
1998-03 campaign activities and signs

Is it permissible for a judicial candidate advertisement to include “Contributions May be Made to Treasurer at Above Address?” [5C(2)]
1997-33 judicial duties and appearance of impropriety/impropriety

Can a magistrate send defendants to a pre-trial diversion program that is not legally sanctioned pursuant to law? [2A and 3B]
1997-32 extrajudicial activities, public comment and law/legal system/administration of justice

May a magistrate address the Concerned Citizens about Juvenile Crime regarding how juvenile cases are handled in magistrate court? [4B]