Skip to main content

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
2018-02 campaign activities, campaign committee, treasurer, election and endorsement

Can someone running for House of Delegates concurrently serve as a campaign treasurer for a judicial candidate? [1.2, 2.11, 2.12(A), 4.1(A)(3), 4.1(A)(4) and 4.4]
2018-01 staff, employment and judicial duties

When is the decision to hire a probation officer an employment issue that falls strictly within the purview of the Circuit Judges and the Court? [None]
2017-24 extrajudicial activities, guardian/conservator and estate

May a Judge serve as conservator for his/her aunt’s estate and administrator for his/her uncle’s estate and receive the statutorily mandated fees? [3.8(A), 3.8(B), 3.8(C) and 3.12]
2017-23 concurrent employment

Is it permissible to serve concurrently as magistrate and a fiduciary commissioner for a County Commission? [3.8]
2017-22 ex parte and psychologist

Can a judge have ex parte communication with the psychologist/psychiatrist who performs a competency/criminal responsibility examination on a defendant in a criminal case about potential safety issues? [2.9]
2017-21 disclosure/disqualification and family member

Should a judge be precluded from presiding over all cases involving his/her daughter lawyer and/or members of lawyer’s firm during the pendency of divorce proceedings between judge’s daughter and her husband? [1.2, 2.11(A) and 2.11(C)]
2017-20 concurrent employment

Can a magistrate seek outside employment as a substitute teacher? [2.1 and 3.1]
2017-19 disclosure/disqualification, campaign activities and donation

Is a judge disqualified from handling cases where a party donated to his/her campaign? [None]
2017-18 extrajudicial activities, education and boards/commissions

Can a judge serve on the Board of Governors for Concord University? [3.4]
2017-17 good faith, disagree and law

Does a judge violate the Code of Judicial Conduct where he/she disagrees in good faith with the Office of Lawyer Disciplinary Counsel on an interpretation of the law used to determine when public defenders should be disqualified from handling certain cases? [1.1 and 2.15((D)]