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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
2018-12 winding down practice

After an attorney becomes a judge can two employees remain in the law office and assist in the closing of the practice? [3.11(B) and 3.11(C)]
2018-11 financial activities and rental property

Can a sitting magistrate buy a building already occupied by lawyers and continue to rent the property to them? [3.11(A) and 3.11(C)]
2018-10 campaign activities and leftover campaign funds

When is it appropriate to seek an opinion from the WV Secretary of State’s Office as to whether non-judicial leftover campaign funds can be used in a judicial election? [None]
2018-09 campaign activities and signs

When is it appropriate to seek an opinion from the WV Secretary of State’s Office as to whether campaign signs can be posted in a building partially rented by the court? [None]
2018-08 extrajudicial activities and yard sale

Can a magistrate participate in his/her neighborhood yard sale? [None]
2018-07 appearance of impropriety/impropriety and gift/loan/bequest/devise

Can a judge and court employees visit a company at the corporation’s expense when it is already a well-established approved vendor for the e-filing project and the purpose of the visit is to improve the court system as a whole? [1.2, 3.1(A), 3.1(B), 3.1(C), 3.12 and 3.15(A)]
2018-06 appearance of impropriety/impropriety, charity and elimination dinner

    May a judge attend an elimination dinner that raises funds for the Community Alternatives to Violence Program? [1.2, 3.1(C), 3.7(A)(6) and 4.2(A)(1)]
2018-05 appearance of impropriety/impropriety and campaign activities

Can a lawyer run for judge and keep his/her position as President of the WV Association for Justice? [1.2, 4.1(A)(1) and 4.2(A)(1)]
2018-04 extrajudicial activities and executor/administrator

Can a judge serve as Executor/Administrator of a great-nephew’s estate? [3.8 and 3.12]
2018-03 staff, campaign activities and resign to run

Does a magistrate assistant have to resign his/her position if he/she runs for Circuit Clerk? [2.12 and 4.5(A)]