Skip to main content

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
2021-04 employment, resign to run and government

When does a judge who applies for U.S. Attorney have to resign his/her judgeship? [1.2, 3.4 and 4.5(B)]
2021-03 concurrent employment and church

Can a magistrate, who is also an ordained minister, perform marriages and receive a gratuity while at the Courthouse? [3.1(A), 3.1(B) and 3.7]
2021-02 ex parte, appearance of impropriety/impropriety and social media

What should a judge do when he/she receives information about a Facebook post concerning a recently adjudicated criminal case? [1.2, 1.3, 2.9(A), 2.9(B) and 2.9(C)]
2021-01 concurrent employment and church

Can a magistrate concurrently serve as a pastor of a church? [3.1(A), 3.1(B) and 3.7]
2020-28 extrajudicial activities and EMT/firefighter

Is a Magistrate precluded from serving as an EMT or volunteer firefighter? [1.2, 3.1(A), 3.1(B) and 3.1(C)]
2020-27 disclosure/disqualification and family member

Should a Judge who presides over abuse and neglect cases be disqualified from handling them since his/her stepdaughter works for the local child advocacy center? [2.11(A)(2)]
2020-26 appearance of impropriety/impropriety and financial activities

Whether it is proper for a court to disperse money from its budget to CASA on a continuing basis when the money was earmarked by the WV Legislature for the organization? [1.2, 2.2, 2.3(A) and 2.4(C)]
2020-25 letter, support and litigant

Is it appropriate for a judge to voluntarily write a letter of support on behalf of litigants in civil, disciplinary, or criminal matters? [1.3, 2.10 and 3.3]
2020-24 disclosure/ disqualification and civic

Does a judge have a duty to disclose or disqualify himself from a case where a lawyer belonged to the same fraternity in college? [1.2, 2.11(A) and 2.11(C)]
2020-23 letter and recommendation

May a judge write a letter of recommendation for a lawyer seeking appointment to the Workers Compensation Board of Review? [1.3]