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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
1995-27 disclosure/disqualification and former employment

Is a family law master disqualified from presiding over cases that she likely worked on while serving as the only child advocate in the county but in which there is no record of his/her service? [3E(1)]
1995-26 extrajudicial activities, boards/commissions and government

May a family law master serve on a Municipal Zoning Board of Appeals? [4C(3)(a)]
1995-25 extrajudicial activities, civic and boards/commissions

May a judge serve on a citizen’s committee to facilitate the passage of a school bond issue? [2A, 2B, 4A(1) and 4C(3)(a)]
1995-24 campaign activities and fundraiser

Can a judge’s spouse hold a political fundraiser in the marital home? [5A(1)(b), 5C(1) and 5C(2)]
1995-23 campaign activities, family member and donation

May a judge make a donation to another judge’s campaign?
Can a judge’s spouse or other family members donate to another judge’s campaign? [5A(1)(e)]
1995-21 concurrent employment and government

Can a magistrate concurrently serve as an appointed municipal judge? [None]
1995-18 disclosure/disqualification and family member

Should a judge disqualify himself/herself from presiding over cases involving the law firm that employs his/her daughter as a summer law clerk? [3E(1)]
1995-17 campaign activities, donation and fundraiser

Can a judge give unsolicited donations to a political candidate and/or attend fundraising events for a political candidate if the judge did not make any donations? [5C(2)]
1995-16 extrajudicial activities and mediation/arbitration

May a magistrate continue membership in the WV Trial Lawyers Association and/or serve as an arbitrator/mediator? [4C(3)(a)]
1995-15 extrajudicial activities and practice of law

Can a judge prepare tax returns for non-relatives and list the judge’s name and business address as the preparer? [4G]