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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
2005-20 appearance of impropriety/impropriety and extrajudicial activities

May the Rape and Domestic Violence Information Center have a luncheon at the courthouse for magistrate and family court employees? [None]

2005-19 extrajudicial activities and boards/commissions

Can a magistrate serve on the Board of Directors of a group that advocates for and protects the legal rights of individuals with disabilities? [4C(3)]

2005-18 extrajudicial activities

Can a judge participate in a non-profit fishing club as a minority shareholder with a lawyer who regularly appears before him/her? [4D(1)]

2005-17 appearance of impropriety/impropriety, family member and bail bondsman

Can a magistrate’s brother serve as a bail bondsman for magistrate court cases in the same county as the magistrate presides? [1A and 2A]

2005-14 extrajudicial activities, education and compensation

May a judge accept accommodations and complimentary tickets to a WVU football game as part of an invitation to speak at a CLE? [4D(5)(b)]

2005-11 disclosure/disqualification

Could a circuit judge substitute for a magistrate who is out sick without having to disqualify himself/herself from any matters he may have heard in magistrate court? [None]

2005-10 extrajudicial activities, staff and concurrent employment

Can a probation officer serve as a host/hostess for a clothing-optional resort where children may be present? [None]

2005-09 extrajudicial activities, education, public defender, staff and poll worker

Can a magistrate attend the annual public defender conference? [2A and 4A(1)]
Can a magistrate assistant work the polls during a special bond election?

2005-06 extrajudicial activities and boards/commissions

Can a judge serve as a member of a County Extension Service Committee? [4C(3)]

2005-05 disclosure/disqualification, financial activities and rental property

Can a judge rent property to the firm that his/her attorney son works for? [4D(1)]