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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
2016-18 campaign committee, excess funds and donation

Can a judge’s campaign committee donate excess campaign funds to the bar association for the judge’s official courthouse portrait? [4.1(A)(7) and 4.2(A)(2)]
2016-17 extrajudicial activities, staff, public comment

Is it permissible for a judicial employee to publicly express his/her opposition to a proposed municipal ordinance providing protection for the LGBTQ community? [1.2, 2.2, 2.3(A), 2.10 and 2.12(A)].
2016-16 extrajudicial Activities and charity

Can a magistrate-elect participate in a long-distance bicycle ride for a United Way Fund raiser? [3.7(A)(2)
2016-15 extrajudicial activities and keynote speaker

Would it be proper for a judge to serve as the keynote speaker for a Community Alternatives to Violence luncheon? [1.2, 3.1(C) and 3.7(A)(4)
2016-14 disclosure/disqualification prosecutor and former employment

When is a judge who used to be an assistant prosecutor disqualified from presiding over criminal cases? [2.11(A)(1), 2.11(A)(5) and 2.11(C)]
2016-13 extrajudicial activities, compensation and reporting requirements

Does reportable extrajudicial compensation include shareholder stock dividends, the sale of real estate or Social Security benefits? [Rule 3.15(A)]
2016-12 campaign activities and endorsement

Is it permissible for a family court judge candidate to campaign with the wife of a candidate for County Commission? [4.1(A)(3)]
2016-11 campaign committee, door prize and fundraiser

May a judicial campaign committee give out door prizes at a fundraiser? [4.4]
2016-10 campaign activities, non-judicial office, resign to run andamp; staff

Does a law clerk who filed to run for the House of Delegates before being hired as a judicial employee have to resign if it’s too late for him/her to withdraw from the non-judicial election? [4.5(A)]
2016-09 appearance of impropriety/impropriety, campaign activities, staff and donation

Can a probation officer donate to a judicial candidate’s campaign committee? [1.2, 2.12(A), 4.1(A)(5) and 4.1(B)]