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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
1993-04 extrajudicial activities, rental property, disqualification/disclosure and family member

Can a judge lease rental property to two lawyers who appear before him/her?
Can a judge preside over truancy cases when his/her brother-in-law is the attendance director for the board of education and is likely to serve as a witness in such cases? [3E(1) and 4D(1)(B)]
1993-02 judicial duties, staff, family member and nepotism

Can a magistrate employ his/her sister-in-law as his/her magistrate assistant? [3C(4)]
1992-23 extrajudicial activities and boards/commissions

Can a family law master serve on the board of the Mountaineer Habitat for Humanity, Inc.? [5B]
1992-21 disclosure/disqualification, family member and prosecutor

Is a magistrate disqualified from handling criminal cases if his/her spouse works as a secretary to the elected prosecutor? [3C(1)
1992-17 appearance of impropriety/impropriety, extrajudicial activities and media

Can a judge serve as a legal correspondent for a local television station? [None]
1992-16 campaign activities and staff

Can a member of a judge’s staff be required to appear at political functions for, make speeches for or make public endorsements on behalf of his/her boss? [7A(1)(b), 7A(2) and 7B(1)(b)]
1992-15 campaign activities

Can a judge contribute to a county executive committee? [None]
1992-14 campaign activities

Can a judge serve as a delegate to the Democratic or Republican National Convention? [7A(2) and 7A(4)]
1992-05 extrajudicial activities, boards/commissions, civic and charity

Can a magistrate be an officer in the Veterans of Foreign Wars and/or the American Legion?
Can a magistrate assist in a charitable bingo event? [5B]
1992-03 campaign activities, state seal and office address

Can a judge use the State Seal and his office address in campaign literature? [None]