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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
1995-09 extrajudicial activities and gift/loan/bequest/devise

May a magistrate’s office receive complimentary basic TV cable service from a local cable company? [4D(5)]
1995-07 disclosure/disqualification, family member and law enforcement

Is a magistrate per se disqualified from presiding over State Police cases when his/her spouse is employed as an office assistant at the detachment? [None]
1995-05 concurrent employment

Can a magistrate work part-time as a salesperson for a local business? [4D(3)]
1995-04 disclosure/disqualification, staff and former employment

Is a judge disqualified from presiding over cases involving the prosecutor’s office when he/she has hired an employee as his/her judicial assistant? [3E(1)]
1995-03 appearance of impropriety/impropriety and judicial duties

Can a judge adopt procedures in uncontested divorce cases involving irreconcilable differences as a ground for relief that do not comport with the statutory mandates set forth in the WV Code? [2A and 2B]
1995-02 senior status and disclosure/disqualification

Can a senior status justice who is also special counsel at a firm preside over an appeal where his firm represents a party to the proceedings? [3E(1)]
1995-01 campaign activities, checking account and signature card

Can a judicial candidate be named on the campaign checking account signature card for purposes of signing checks for his/her campaign committee? [5C(2)]
1994-25 extrajudicial activities

Can a judge serve as parliamentarian at the annual membership meeting of a Community Federal Credit Union? [None]
1994-24 concurrent employment

May a part-time family law member concurrently work on a contractual basis drafting decisions for the Office of Judges for Workers Compensation? [6C]
1994-23 appearance of impropriety/impropriety, family member and disclosure/disqualification

Can a judge place a juvenile in a program being provided by a corporation who employs the judge’s spouse? [2A and 3E(1)]