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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
2020-02 senior status, campaign activities and resign to run

Does a senior status magistrate have to resign to run for judicial office? [4.5(A)]
2020-+01 confidential, disclosure/disqualification and ex parte

Should a judge disclose or disqualify himself/herself when he/she receives an ex parte letter from the ATF informing him/her that a party to a DV case is the subject of a confidential federal criminal investigation? [2.9(A)(1) and 2.9(A)(2)]
2019-28 disclosure/disqualification, financial activities and rental property

May a judge rent real property to a lawyer? {3.11(A) and 3.11(C)]
2019-27 extrajudicial activities, charity and financial activities

Can a judge serve as an ex officio member of a charitable organization’s new advisory group regarding funding for criminal justice reform initiatives? [3.7(A)(6)]
2019-26 disclosure/disqualification and nepotism

Can a judge appoint his/her brother-in-law or his law partner as guardian ad litem in abuse and neglect cases or summary proceedings being heard in the judge’s courtroom? [2.11(A)(2)]
2019-25 campaign activities and photographs

May a judicial candidate use photos taken by a recently hired Court photographer for his/her judicial campaign when they are in the public domain and available for use by everyone? [4.1(A)(3) and 4.1(A)(8)]
2019-24 appearance of impropriety/impropriety and confidential

When, if ever, may a family court judge use information he/she learned in a confidential proceeding in another matter involving only one of parties? [1.1 and 1.2]
2019-23 campaign activities, qualifications and moral turpitude

Can a magistrate candidate who pleaded guilty to the misdemeanor offense of domestic assault run for judicial office? [None]
2019-22 campaign activities and family member

What campaign activities, if any, can a judge whose spouse is running for governor participate in?4.1(A)(3), 4.1(A)(4) and 4.2(B)(3)]
2019-21 public comment and pending/impending

Can a judge appear on a nationally broadcast podcast hosted by Nancy Grace to discuss cold cases from other states? [2.10(A) and (B)]