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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
2022-17 disqualification/disclosure

Does a judge’s residency or prior service with a municipality prevent him/her from presiding over a suit involving that city’s attempt to assess stormwater fees on all residents of the county? [2.11(A)(1), 2.11(A)(5) and 2.11(C)]
2022-16 extrajudicial activities, education, volunteer

Can a law clerk volunteer with the Center of Consumer Law and Education at WVU’s College of Law? [3.7(A)(5) and 3.7(A)(6)]
2022-15 staff member, extrajudicial activities, legislation

Can an administrative assistant for a judge work with a state legislator on a proposal that would allow “a mother to be charged criminally if she uses drugs while pregnant and the baby is born but shortly dies from said drug use?" [1.2, 2.12(A), and 3.1(A), (B) and (C)]
2022-14 extrajudicial activities, contributions, solicitation, charity and education

Can the Supreme Court request funds from a charitable trust associated with the spouse of a justice to help build a judicial learning center that is designed to teach individuals of all ages about the legal system? [3.7(A)(2)]
2022-13 political activity, campaign and sign

Can a magistrate or a magistrate assistant place a campaign sigh in his/her yard for a family member who is running for office when both reside in the same household? [2.212(A), 4.1(A)(3) and 4.1(B)]
2022-12 political activity, campaign and sign

Can a magistrate’s spouse post a campaign sign in the yard for the spouse’s friend who is running for city council? [4.1(A)(3)]
2022-11 staff, extrajudicial activities, civic activities

Can a chief probation officer who is also a certified mentor for the Mountaineer Challenge Academy serve as one for a juvenile defendant on probation in his/her jurisdiction? [None]
2022-10 staff, extrajudicial activities, volunteer, practice of law

Can staff attorneys and law clerks participate as volunteers for the State Bar’s Legal Connect program or West Virginia Free Legal Answers? [1.2, 2.12(A), and 3.10]
2022-09 staff, employment, impropriety/appearance of impropriety

Can a family court case coordinator work part-time as a family court mediator in a jurisdiction outside of the one where his/her judge presides? [1.2, 2.12(A), 3.1(A),3.1 (B), and 3.1(C)
2022-08 staff, extrajudicial activities, city council

Can a part-time deputy magistrate clerk concurrently serve on city counsel? [2.12(A)]