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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
2010-02 disclosure/disqualification and family member

Can a magistrate preside over cases involving a law firm where his/her spouse is employed as a secretary? [None]
2010-01 extrajudicial activities, gift/loan/bequest/devise and reporting requirements

Can a judge except a gift of a rifle valued in excess of $1,000 from the Lewis County Bar Association? [4D(5)(a), 4D(5)(h) and 4H]
2009-18 concurrent employment and prosecutor

Can a mental hygiene commissioner concurrently serve as an assistant prosecutor? [None]
2009-17 extrajudicial activities, board/commissions, EMT/fire department and civic

Can a judge be an officer of the volunteer Citizens Fire Company Auxiliary? [4C(3)(b)]
2009-16 judicial duties

Can the chief justice temporarily assign a circuit judge to another jurisdiction for the purpose of appointing private attorneys who are available to serve indigent clients? [None]
2009-15 extrajudicial activities, boards/commissions and civic

May a judge be a charter member of the Kiwanis Club? [4C(3)]
2009-14 extrajudicial activities, fundraiser

May a judge act as a celebrity server at a fund-raising event for CASA? [4C(3)(b)]
2009-13 extrajudicial activities, boards/commissions and government

Is a judge precluded from serving on any commissions established by the executive or legislative branches of government? [none]
2009-12 disclosure/disqualification and family member

Is a judge disqualified from presiding over cases involving a law firm who employs the judge’s daughter as a summer law clerk? [3E(1)]
2009-11 disclosure/disqualification and campaign committee

Is a judge disqualified from presiding over cases involving his/her attorney friend who also served as the judge’s campaign manager? [3E(1)]