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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
1997-31 judicial duties and practice of law

Can a part-time family law master concurrently represent a litigant in an adoption proceeding? [6C]
1997-30 extrajudicial activities, boards/commissions and family member

Can a judge’s spouse serve on an advisory committee for CASA? [2A]
1997-29 staff, employment and family member

If a candidate is appointed judge can his/her fiancée continue to work as an official court reporter in the same judicial circuit? [3C(4)]
1997-28 extrajudicial activities, public comment and law/legal system/administration of justice

Can a magistrate participate in a talk radio program that is sponsored by a law firm and addresses legal issues? [4A and 4B]
1997-27 extrajudicial activities, boards/commissions and education

Can a judge serve on the Board of Advisors for a college criminal justice program? [4C(2) and 4C(3)]
1997-25 extrajudicial activities, boards/commissions and government

Can a judge serve on the Board of Directors for ERASE, an acronym for Empowering Residents to Achieve Scenic Excellence when the request came from the DNR? [None]
1997-24 discipline and confidential

If a judge believes a complainant lied in a notarized judicial ethics complaint can he/she seek a criminal complaint against the complainant for false swearing? [None]
1997-23 extrajudicial activities, government and boards/commissions

Can a judge accept an appointment from the County Commission to serve on a local emergency services advisory council? [None]
1997-22 appearance of impropriety/impropriety, discipline and letter

Can a judge voluntarily submit a character letter of support for another judge involved in a judicial disciplinary proceeding? [2B]
1997-21 judicial duties, family member, staff and nepotism

When hiring staff, what degrees of relationship between the judge and potential hire bar a candidate from employment? [3C(4)]