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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
2020-12 staff, election and concurrent employment

Can an administrative assistant in a county probation office serve as an election poll worker? [1.2, 2.12(A) and 3.4]
2020-11 campaign activities, charity and donation

Can baskets donated for a judicial campaign be given to the needy? [4.1(A)(7)]
2020-10 disclosure/disqualification and staff

Should a judge who has twice unsuccessfully tried to disqualify himself/herself from a case in which another judge’s assistant is related to the parties and was later listed as a witness disclose the matter in any future proceedings involving the parties? [1.2, 2.11(A) and 2.11(C)]
2020-09 campaign activities, fundraiser and raffle

Can a magistrate candidate purchase a gun to raffle off at a campaign fundraiser? [4.1(A)(6) and 4.1(A)(7)]
2020-08 extrajudicial activities and donation

Is it permissible for a magistrate to donate money in exchange for his/her name being placed on race t-shirts? [1.2 and 3.7(A)(2)]
2020-07 extrajudicial activities, donation and civic

Can a family court judge who raises cattle donate a side of beef to a local DV shelter? [1.2 and 3.1(C)]
2020-06 award, prosecutor and extrajudicial activities

May a judge nominate a prosecutor for the WV State Bar Citizen Soldier Award? [4.1(A)(3)]
2020-05 public comment and letter

Is it permissible for a judge to sign a letter in opposition to the impeachment of the President of the United States? (1.3, 2.10(A) and 4.1(A)(3)]
2020-04 campaign activities, law enforcement. uniform and photographs

May a police chief who is running for magistrate use photographs of himself/herself in uniform in campaign materials and/or on social media? [4.2(A)(1)]
2020-03 extrajudicial activities and financial activities

Can a judge request individuals, including lawyers, to serve on a committee seeking funding for a memorial endowment honoring his/her children with the WVU College of Law and, if so, should the judge disclose the relationship in any matter involving any committee member? [3.7(A)(1), 3.7(A)(2), 3.7(A)(3) and 3.7(A)(5)]