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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
1994-14 extrajudicial activities and boards/commissions

May a judge serve on the Legal Services Board of Directors and/or the Juvenile Justice Committee? [4C(3)(a)]
1994-13 extrajudicial activities, legislator and license plates

Can a judge display legislative license plates or low number plates on a vehicle jointly owned with his/her legislator spouse? [None]
1994-12 disclosure/disqualification and family member

Is a family law master disqualified from presiding over cases where a litigant is represented by the law master’s daughter in a non-domestic relations unrelated matter? [None]
1994-11 disclosure/disqualification and former employment

Is a family law master disqualified from presiding over cases in which he/she once served as the guardian ad litem? [3E(1)(a)]
1994-10 disclosure/disqualification and former employment

Is a family law master disqualified from presiding over cases in which he/she once served as the Child Advocate? [3E(1)(a)(b)]
1994-09 judicial duties, appointment and family member

May the chief circuit judge appoint the spouse of a family law master as the law librarian? [3C(4)]
1994-07 extrajudicial activities and concurrent employment

When is it acceptable for a judge to engage in outside employment? [4D(1)(a)]
1994-06 campaign activities, resign to run and non-judicial office

Can a family law master run for County Commissioner without resigning to run for office? [5A(2)]
1994-05 judicial duties, family member and nepotism

Can a judge appoint his/her nephew by marriage to any court-appointed cases? [3C(4) and 3E(1)(d)]
1994-04 campaign activities and family member

Can a magistrate engage in any campaign activities for his/her spouse who is running for prosecuting attorney? [5A(1)]