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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
1996-19 extrajudicial activities

Can a judge participate in a celebrity goat milking contest at the county fair? [4C(3)(b)]

1996-18 senior status, extrajudicial activities, fundraiser and civic

Can a senior status judge solicit funds for the Rotary Club? [4C(2) and 4C(3)(b)]

1996-16 former employment and domestic violence

Can a DV advocate continue to serve while concurrently running for magistrate? [5A(2)]

1996-15 extrajudicial activities and signs

Is it appropriate for a judge to support Little League Baseball by purchasing an Outfield sign at a local ballpark that would say “Youth Activities, a Positive Community Force?” [2B]

1996-14 extrajudicial activities and boards/commissions

Can a magistrate serve as an advisory board member for the Good Samaritan Center and Apartments, which is a nonprofit organization? [4C(3)]

1996-13 practice of law

Can a part-time family law master practice domestic relations law in another state? [6C(2)]

1996-11 extrajudicial activities, charity and fundraiser

Can a judge participate in a fundraiser for the United Way which calls for his name, title and photo to be placed in a jar and the participant’s jar with the most money donated will be the designated winner? [4C(3)(b)]

1996-10 extrajudicial activities and boards/commissions

Can a mental hygiene commissioner serve on the board of Seneca Mental Health? [4C(3)(a)]

1996-09 disclosure/disqualification, practice of law and concurrent employment

Can a Kanawha County juvenile referee serve as co-counsel with the Kanawha County Public Defender’s office on an out of jurisdiction criminal case when the PD office regular appears in front of the referee in juvenile cases? [2A and 3E(1)]

1996-08 disclosure/disqualification and senior status

Can a senior status justice who is also special counsel at a firm associate with outside attorneys on an appeal to the Supreme Court? [None]