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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
1999-15 extrajudicial activities and civic

Can a magistrate serve as President of a non-profit Homeowner’s Association with approximately 100 members? [4C(3)(A)]
1999-14 judicial ethics question

Who can obtain a formal advisory opinion from the JIC? [None]
1999-13 extrajudicial activities and boards/commissions

May a judge serve on the Board of Directors for the West Virginia State College Foundation [4C(3)(b) and 4C(3)(c)]
1999-10 appearance of impropriety/impropriety, extrajudicial activities and advertisement

Can a magistrate purchase an advertisement in a football program during a non-election year that says, “Compliments of ________, Magistrate?” [2B]
1999-09 judicial duties and concurrent employment

Can a family law master concurrently serve as a mental hygiene commissioner? [None]
1999-09 judicial duties and concurrent employment

Can a family law master concurrently serve as a mental hygiene commissioner? [None]
1999-08 extrajudicial activities and boards/commissions

May a circuit judge serve ex officio on a Multicultural Affairs Committee? [4C(3)]
1999-07 extrajudicial activities, public defender and concurrent employment

Can a part-time juvenile referee work on a limited basis for a public defender’s office in another jurisdiction representing juveniles? [6C(1) and 6C(2)]
1999-06 extrajudicial activities and boards/commissions

May a magistrate serve on an advisory board put together by the local police department on lowering juvenile delinquency in his/her community? [4A]
1999-05 appearance of impropriety/impropriety and disclosure/disqualification

Is a judge disqualified from presiding over cases involving a lawyer who represents him/her in an adoption proceeding during the pendency of the matter? [2A and 3E(1)]