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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
1997-24 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)]
1997-20 extrajudicial activities, EMT/ fire department and law enforcement

Can a judge attend the Annual Law Enforcement Appreciation Dinner? [2A and 4C(3)]
1997-19 extrajudicial activities, boards/commissions, EMT/fire department, and law enforcement

Can a magistrate serve on the State Fire Commission? [None]
1997-18 extrajudicial activities, family member, financial activities and rental property

Is a judge disqualified from presiding over matters involving two attorneys who rent office space on property solely owned by the judge’s spouse? [4D(1)(a) and 4D(1)(b)]
1997-17 disclosure/disqualification and bias

Should a judge disqualify himself/herself in any matter where the judge believes he/she cannot render a fair and impartial decision because of a particular attorney who is involved in the proceedings? [3E(1)(a)]
1997-15 disclosure/disqualification, extrajudicial activities and boards/commissions

Can a magistrate who was previously involved with Mothers Against Drunk Driving preside over alcohol-related offenses? [3E(1) and 3E(3)]
1997-14 disclosure/disqualification, family member, EMT/fire department and law enforcement

Is a magistrate disqualified from presiding over cases involving the city police department when his/her spouse is a council member? [3E(1)]