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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
2017-06 disclosure/disqualification, family member and prosecutor

Is a Judge disqualified from handling cases that involve his daughter, who is an assistant prosecutor? [2.11(A)(1), 2.11(A)(2) and 2.11(A)(3) and 2.11(C)]
2017-05 campaign activities, family member, sign and endorsement

Can a Judge’s daughter and son-in-law place a campaign banner at a real estate office jointly owned with the judge’s spouse when it is supportive of the son-in-law’s run for municipal office? [4.1(A)(3)]
2017-04 disclosure/disqualification and rental property

Can a judge preside over cases in which he/she previously served as guardian ad litem? [2.11A(1), 2.11(A)(2), 2.11(A)(3) and 2.11(C)]
Is a judge per se disqualified from hearing cases involving attorneys who are leasing the judge’s old law office from a third party who has leased the entire building from the judge’s wife?
2017-03 extrajudicial activities and education

Could a magistrate do a master’s thesis on the community response to domestic violence in his/her area? [2.10(A), 3.1(A), 3.1(B), 3.1(C) and 3.1(E)]
2017-02 extrajudicial activities, boards/commissions and hospital

Can a magistrate sit on the board of a local non-profit hospital owned by the city? [3.7(A)(6)]
2017-01 disclosure/disqualification and family member

Can a judge preside over abuse and neglect or adoption cases involving his wife as guardian ad litem? [1.2, 2.11(A)(1), 2.11(A)(2) and 2.11(C)]
2016-33 extrajudicial activities, and government

May a judge accept an invitation to participate in a “brainstorming event” put on by the Governor-elect and concerning substance abuse? [3.4]
2016-32 senior status and practice of law

Can a judge maintain senior status while also handling of counsel cases in out of state courtrooms? [None]
2016-31 senior status, practice of law and family member

Can a senior status judge represent his/her son on a misdemeanor charge and/or a probation violation in a county where he/she sits on occasion? [None]
2016-30 ex parte and guardian/conservator

Is it permissible for a judge to consult with a court-appointed guardian ad litem off the record and outside the presence of the parties or their attorneys? [2.9]