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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
1996-31 judicial duties and practice of law

Is a magistrate who is also a lawyer able to perfect two appeals before the State Supreme Court? [None]

1996-30 disclosure/disqualification, former employment and prosecutor

Is a magistrate disqualified from presiding over criminal cases that occurred while she worked as a part-time assistant prosecutor? [3E(1)(b)]

1996-29 extrajudicial activities and boards/commissions

Can a magistrate serve on the county fair board? [4C(3)]

1996-27 concurrent employment

Can a magistrate-elect renew a firm private investigator’s license before becoming a magistrate in order to preserve the business for his son or other investigators working there if he/she turns it in immediately upon taking office? [4D(1)]

1996-26 employment, staff, law enforcement

Can a magistrate hire the sheriff’s spouse as his/her magistrate assistant? [2A and 2B]

1996-25 extrajudicial activities and boards/commissions

Can a judge serve on a board of directors of a local non-profit hospital? [4A(3)(a)]

1996-24 extrajudicial activities and boards/commissions

Can a mental hygiene commissioner serve on the board of directors and be president of FMRS Mental Health Council, Inc., a community-based center? [4C(3)(a)]

1996-23 concurrent employment

Can a judge concurrently work as a private investigator during his/her off-duty hours? [2A and 4B(1)]

1996-22 non-judicial and government

Can a senior status judge concurrently serve on the county board of education? [None]

1996-20 extrajudicial activities, boards/commissions and government

Can a judge serve on the WV Regional Jail and Correctional Authority? [4A(1) and4C(2)]