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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
1988-04 appearance of impropriety/impropriety, extrajudicial activities, letter and character

Can a judge write a character letter for a defendant in a federal criminal case? [2B]
1988-01 reporting requirements and discipline

What is a judge’s obligation to report another judge or a lawyer who violates their respective ethics codes? [3B(3)]
1987-03 disclosure/disqualification and financial activities

Should a justice disqualify himself/herself where he/she may have a pecuniary interest in the outcome of a case concerning how time is calculated for a PERS pension? [3C(1)(c)]
1987-02 disclosure/disqualification

Is a justice disqualified from presiding over any case involving an attorney for a party who has sued the justice in Federal Court in his/her official capacity? [3C(1)(a)]
1986-02 extrajudicial activities and media

Can a judge serve as a radio political commentator on election night? [4 & 5]
1986-01 discipline, municipal judge and judicial ethics question

Are municipal judges and police judges covered under the Judicial Code of Ethics? [None]
1985-02 extrajudicial activities and boards/commissions

Can a judge serve as a member of a committee in charge of the WVU Cooperative Extension Service in the county? [5B(2) and 5B(3)]
1985-01 disclosure/disqualification, former employment and prosecutor

Should a judge disqualify himself from any actions filed under the Revised Uniform Reciprocal Enforcement of Support Act for the time the judge served as prosecuting attorney? [3C(1)]