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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
2016-26 judicial duties and prosecutor

May a judge ask the prosecutor to provide him/her with a list of names and charges to be presented to each grand jury in advance of each session? [None]
2016-25 disclosure/disqualification, prosecutor and former employment

When may a former prosecutor who was elected judge serve as drug court judge? [2.11(A)(1), 2.11(A)(5) and 2.11(C)]
2016-23 disclosure/disqualification and family member

Is a judge whose daughter has been elected county prosecutor per se disqualified from presiding over county administrative, tax or planning commission appeals when the county is being represented by outside counsel? [2.11(A)(2) and 2.11(C)]
2016-22 judicial ethics question

When does the JIC find it premature to answer a judicial ethics question? [None]
2016-21 extrajudicial activities and advertisement

Can a judge, who was not re-elected, publicly advertise his/her new law practice before leaving judicial office and mediate cases he/she formerly presided over as judge? [1.2, 2.1, 2.11(A)(5) and 3.1(A)]
2016-20 disclosure/disqualification, former employment, prosecutor

Can a former prosecuting attorney who is now a judge-elect serve as the adult drug court judge upon taking office? [2.11(A)(1), 2.11(A)(5) and 2.11(C)
2016-19 extrajudicial activities, fundraising

Is it permissible for a judge to coordinate and collect donations at his office to help pay for a deceased lawyer’s medical expenses? [3.1 and 3.7(A)(2)]
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)