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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
2019-20 mediation and judicial duties

Can the judges of a judicial circuit implement an ad hoc mediation program for civil cases? [3.9]
2019-19 disclosure/disqualification and former employment

Is a supreme court justice who previously served as a legislator required to disqualify himself/herself from presiding over an appeal brought by a road construction company where the justice, as a legislator, signed a constituent services letter addressed to a witness in the matter below? [2,11(A)(5)]
2019-18 campaign activities, public comments and false/misleading

Can a magistrate who has a law degree but has not passed the bar exam and was never a licensed attorney say he served as an “assistant prosecutor” in his judicial election campaign? [4.1(A)(9)]
2019-17 disclosure/disqualification and judicial duties

May a judge continue to preside over a motor vehicle accident case where he/she recently appointed the spouse of a party to the suit as magistrate? [1.2, 2.11(A)(1) and 2,11(C)]
2019-16 public comment, media and pending/impending

May a judge give a media interview about a rule to show cause he/she issued against a State agency with a significant case backlog? [2.10A]
2019-15 campaign activities, third-party, PAC, public comment and false/misleading

When does a candidate's obligation to disavow a false or materially misleading statement by a third party occur? [4.1(B)]
2019-14 extrajudicial activities and education

Can a magistrate teach NRA handgun safety classes? [3.1(A), 3.1(B), 3.1(C), 3.15(A), 3.15(B) and 3.15(C)]
2019-13 senior status, extrajudicial activities, affidavit and family member

Can a senior status judge submit an affidavit to the U.S. Citizen and Immigration Service detailing the legitimacy of his son’s marriage to a woman from Indonesia? [1.3 and 3.3]
2019-12 extrajudicial activities and boards/commissions

Can a newly appointed judge continue to serve as President of the Board of Directors of a non-profit he/she had established while a lawyer? [1.2 and 3.7]
2019-11 extrajudicial activities and yard sale

Can a magistrate hold a yard sale? [None]