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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
2022-07 campaign committee, disclosure, election?

How long must a judge who is running for office disclose that an attorney appearing before him/her is/has served on the judge’s campaign committee? [None]
2022-06 staff, resign to run and nonjudical office

Does a member of a judge’s staff have to resign his/her position to run for city council? [2.12(A) and 4.5(A)]
2022-05 extrajudicial activities

Can a temporary family court judge serve as an expert witness in a malpractice action involving representation in a domestic relations case? [1.2, 1.3 and 2.10]
2022-04 appointment, extrajudicial activities and education

When must a nominee for appointment to the Intermediate Court of Appeals resign as President of the WV State Bar?
Can a sitting Intermediate Court of Appeals Judge concurrently serve as Immediate Past President of the State Bar?
Can a sitting Intermediate Court of Appeals Judge teach course materials at the WVU College of Law and author an article on professionalism?
Can a sitting Intermediate Court of Appeals Judge take a trip sponsored by a malpractice insurance carrier? [2.10 and 4.1(A)(3)]
2022-03 appearance of impropriety/impropriety, character witness and law enforcement

Can a magistrate voluntarily prepare and sign an affidavit for the U.S. Attorney’s Office designed to try and protect the integrity of a police officer at the center of a search warrant issue that received an adverse ruling from a district court judge? [1.2, 1.3, 2.3(A), 2.10(A) and 3.3]
2022-02 senior status and extrajudicial activities

Can a senior status magistrate also serve as a condemnation commissioner? [3.1]
2022-01 appointments and non-judicial office

When must a nominee for appointment to the Intermediate Court of Appeals resign his/her elected position as a County Commissioner? [none]
2021-21 gifts/awards

Can a judge or member of staff accept a small holiday gift from a lawyer? [1.2, 3.13, 3.15]
2021-20 extrajudicial activities and award

Can a magistrate create his/her own award and give it to a member of the public? [1.3]
2021-19 extrajudicial activities and law enforcement

Can a magistrate also be a member of the Fraternal Order of Police? [3.1(B), 3.1(C)]