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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
2018-22 campaign activities, public comment, third-party, PAC, false/misleading

What is the judicial candidate’s obligation when a third-party PAC makes false or misleading statements about an opponent? [4.1(A)(10), 4.1(A)(11) and 4.2(B)(4)]
2018-21 judicial duties, appointment and family member

Can a judge appoint the sister-in-law of his wife’s first cousin as magistrate clerk? [2.13(A)(1) and 2.13(A)(2)]
2018-20 campaign activities, legislators and resign to run

Did the JIC answer a question concerning whether state and federal legislators can keep their positions while running for the State Supreme Court? [4.5(A) and 4.5(B)]
2018-19 extrajudicial activities, video and truancy

Can a judge be identified as such and wear a robe in a video filmed by the State Department of Education on truancy? [3.7(A)(4)]
2018-18 judicial discipline and practice of law

Can a judge who has been suspended from the bench for two years engage in any transitional activity before returning as judge? [None]
2018-17 campaign activities, legislators and resign to run

Is there any impediment that would prevent a member of the House of Delegates from running for Supreme Court Justice after impeachment proceedings against current and former justices had concluded in that chamber and were now before the State Senate? [None]
2018-16 staff, campaign activities and resign to run

Should a law clerk be required to resign his/her position after discussing plans to run for a non-judicial officer and/or filing pre-candidacy papers? [4.5(A)]
2018-15 disclosure/disqualification and confidential

Should a family court judge disclose to lawyer disciplinary counsel the fact that he/she learned in a confidential divorce proceeding that the lawyer husband tested positive for marijuana? [2.15(B) and 2.15(C)]
2018-14 extrajudicial activities and law enforcement

Can a magistrate remain a member of the FOP, the Deputy Sheriff’s Association, and/or the WV Chiefs of Police? [3.1(B), and 3.1(C)]
2018-13 campaign activities and public comments

Is it appropriate for a judicial candidate to mention the murder of a family member as a motivating factor in the decision to run for office? [4.1(A)(10) and 4.1(A)(11)]