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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
1995-37 disqualification/disclosure, judicial duties, nepotism and family member

Can a judge’s son, who is a practicing attorney, be placed on the appointment list in the jurisdiction where the judge presides and must the judge disqualify himself/herself from making court appointments?
Is a judge disqualified from presiding over a grand jury if his son represents one of the defendants? (3E(1)(d)(ii) and 3C(4)]
1995-36 campaign committee, rental property and disqualification/disclosure

Can a judge’s campaign committee rent office space owned in part by an attorney who practices before the judge? [3E(1)]
1995-35 judicial duties, staff and signature

Can an assistant sign a family law master’s name on an order or notice of recommended order? [None]
1995-34 disclosure/disqualification and campaign committee

Is a judge disqualified from presiding over cases where lawyers for the parties also serve on his campaign committee? [3E(1)]
1995-33 extrajudicial activities and boards/commissions

Can a family law master serve on the West Virginia Commission for National and Community Service? [4C(3)]
1995-32 appearance of impropriety/impropriety and letter

Can a magistrate submit a letter or affidavit to the WV Board of Medicine concerning a respondent doctor’s conduct during a domestic violence proceeding? [None]
1995-31 disclosure/disqualification and family member

Is a judge disqualified from presiding over any cases involving the Attorney General’s Office when his daughter works as a paralegal there? [3E(1)]
1995-30 practice of law

Can a part-time juvenile referee represent criminal defendants in other counties? [6C(2)]
1995-29 extrajudicial activities, political activities and boards/commissions

Can a judge serve as moderator for a debate involving gubernatorial candidates?
Can a judge serve on the board of directors for a non-profit nursing home? [4C(3)]
1995-28 concurrent employment. extrajudicial activities, fundraiser and, church and political organization

Can a family law master concurrently serve as a notary?
Can a family law master serve as a church trustee and/or engage in fundraising activities for a spouse’s youth group?
May a family law master attend a fundraising dinner for a political organization? [4(C)(3) and 6(C)(1)]