West Virginia Judicial Investigation Commission Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the West Virginia Judicial Investigation Commission, with full citations and source links on every page.
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When must a sitting judge step away from a firm's cases while seeking a job with that firm?
The West Virginia Judicial Investigation Commission concluded that sending a résumé to a law firm alone does not require disclosure or disqualification. An interview request immediately disqualifies…
May a family court judge’s spouse mediate family cases outside the judge’s circuit?
The West Virginia Judicial Investigation Commission said the judge’s husband may accept family court mediation appointments outside her circuit. If she is later appointed special family court judge…
May a West Virginia senior status family court judge also mediate cases and serve as a guardian ad litem?
The Commission allowed mediation outside counties where the judge serves and part-time guardian work with an active law license outside the circuits or counties where the judge serves. The judge…
Must a judicial law clerk resign to run for a nonjudicial elected office?
The Commission held that law clerks who work closely with judges must resign when they become candidates for nonjudicial office, at the earliest of announcing, filing election papers, or forming a…
Must a family court judge recuse from cases involving an ex-spouse’s firm or the lawyer who handled the judge’s divorce?
West Virginia JIC Opinion 2025-14 disqualified the judge from family court matters involving the ex-spouse’s law partner and associate or the judge’s former divorce lawyer.
May a judicial law clerk continue teaching skills classes for an attorneys general association?
West Virginia JIC Opinion 2025-12 permitted the law clerk’s outside teaching if court duties take priority, the work is on personal time without court resources, classes are open to prosecution and…
May a judge make brief peace-themed remarks at a memorial organized by a political party committee?
West Virginia JIC Opinion 2025-13 permitted the judge to speak at the described memorial only with remarks limited to peace and rejection of violence, without discussion of the charged crime, the…
May a West Virginia magistrate form an LLC to teach paid investigative training outside the state?
West Virginia JIC Opinion 2025-11 allowed the magistrate's proposed training venture only with judicial duties first, personal time and resources, out-of-state marketing and teaching, open access…
May a judge hear juvenile or other prosecutor cases after a daughter-in-law joins the prosecutor's office?
West Virginia JIC Opinion 2025-10 disqualifies the judge from juvenile and truancy matters if the daughter-in-law joins the prosecutor's office. In other matters involving that office, it calls for…
May a judge publicly oppose a proposed transmission line affecting the judge's land and appear in condemnation proceedings?
West Virginia JIC Opinion 2025-09 permits the judge to oppose the line at public meetings and represent the judge's own interests without invoking judicial office. It says the judge should not…
May a West Virginia family court judge coach school sports as a volunteer or paid employee?
West Virginia JIC Opinion 2025-08 allows family court judges to serve as volunteer or paid school coaches despite its earlier school-coach restriction, if they obtain the Administrative Director's…
May a judge appoint a magistrate candidate who lives with a magistrate assistant in an intimate relationship?
West Virginia JIC Opinion 2025-07 says it would be improper to appoint a magistrate who lives with a magistrate assistant in an intimate relationship. The Commission found the arrangement created an…
May a charity name a judge as a fundraiser sponsor after the judge buys a ticket package?
West Virginia JIC Opinion 2025-05 permits the United Way to name the judge in promotions and recognize the judge as an event sponsor if it omits the judicial title and does not tie the name to a…
What must a judge disclose in cases involving a school where the judge's spouse teaches?
West Virginia JIC Opinion 2025-04 calls for disclosure of the spouse's teaching relationship in every matter involving the school, even when the spouse has no role. If anyone objects, the judge…
What must a judge disclose while recruiting a public defender who appears before the judge as a law clerk?
West Virginia JIC Opinion 2025-06 calls for disclosure during recruitment and after hiring but before the public defender starts. It calls for recusal if someone objects in the lawyer's case and for…
May a family court use an administrative order to reassign all cases involving a judge's spouse's law partner?
West Virginia JIC Opinion 2025-03 permits the proposed administrative order assigning the spouse's law partner's current and future family cases to other judges. It calls for considering an…
How should a judge handle criminal cases when a new law clerk chaired the grand jury that indicted them?
West Virginia JIC Opinion 2025-02 says to screen the new clerk from every case in which the clerk served as grand jury foreman, disclose the prior role and screening in each case, and follow Trial…
May a judge hear city cases when the judge's child is the mayor?
West Virginia JIC Opinion 2025-01 calls for disqualification when the city is a party or the mayor-child presided over the underlying municipal court case. For crimes primarily investigated by the…
May judges share neutral case synopses internally or cite a new opinion in an order before mandate?
West Virginia JIC Opinion 2024-26 permits genuinely neutral educational case synopses for judicial colleagues and discussion of a new opinion in hearings or orders as official duties. Other…
May a judge publicly distribute commentary on an appellate decision before the mandate and appeal period end?
West Virginia JIC Opinion 2024-25 says a judge may not publicly comment on a pending or impending case until it is decided, the mandate issues and the potential appeal period expires.
What should a judge disclose when a former law clerk joins a firm with cases the clerk worked on in chambers?
West Virginia JIC Opinion 2024-24 calls for disclosure in each firm case that the departing clerk may have worked on for the judge, including the clerk's work and discussions described in the…
Must a newly elected judge recuse from every juvenile case pending while the judge was county prosecutor?
West Virginia JIC Opinion 2024-23 applies prior guidance to abuse and neglect, juvenile delinquency and status cases: the former prosecutor need not recuse from every pending case, but should recuse…
How do new family court judges handle cases from their former firm and outside board service?
West Virginia JIC Opinion 2024-22 bars the new judges from former-firm cases, sets disclosure periods for new cases involving former partners, allows one judge's charitable board service without…
May a court's general receiver keep serving when the receiver's child takes office as a circuit judge?
A majority of the West Virginia JIC concluded in Opinion 2024-21 that the general receiver parent could no longer serve once the child took office as circuit judge in the same county.
May a court hold a holiday luncheon for courthouse staff and local lawyers and ask attendees for food or monetary contributions?
West Virginia JIC Opinion 2024-20 permits the court to hold the luncheon and ask attendees to bring a dish or dessert, but says the court and its staff may not solicit or accept monetary donations.
May a judge who serves as an SSAC football referee preside over litigation involving the SSAC?
A majority of the West Virginia JIC concluded in Opinion 2024-19 that the judge was disqualified from presiding over any matter involving the SSAC.
May a magistrate leave during a judicial workday for golf without arranging a substitute to handle court duties?
West Virginia JIC Opinion 2024-18 says choosing an extrajudicial activity over a mandated workday violates the Code of Judicial Conduct and that judicial duties take precedence.
May a magistrate start a family hauling business or work as a driver outside judicial hours?
West Virginia JIC Opinion 2024-17 found no reason to bar the described driver work if the Administrative Director gives written approval and the magistrate honors the stated pledge to protect…
May a senior status magistrate serve as a substitute teacher in the home county while taking magistrate assignments elsewhere?
West Virginia JIC Opinion 2024-16 permits both roles on the stated facts because the magistrate would not sit in the county where they substitute teach, with judicial duties taking precedence.
May a judge discuss juvenile justice and child welfare systems at a CASA gala?
West Virginia JIC Opinion 2024-15 permits the judge to speak if the comments are procedural, educational, neutral and detached, without suggesting bias toward or against CASA; specific cases must…
May a judge remain a member and trustee of a private golf and country club, or become its president?
West Virginia JIC Opinion 2024-14 permits the judge's club membership but bars service on its board or as an officer and calls for immediate resignation from the board.
May a judge sanction a lawyer's late order by directing a donation to an organization that appears before the court?
West Virginia JIC Opinion 2024-13 says it is improper for a judge to require a lawyer to donate to an entity appearing before the judge as a sanction for a late order; sanctions require legal authority.
May a judicial candidate feature identified, out-of-uniform law enforcement officers endorsing the candidate in campaign ads?
West Virginia JIC Opinion 2024-12 permits the described campaign photographs and ads with identified, out-of-uniform officers endorsing the circuit-judge candidate.
May a judge handle a courthouse comfort dog and lend it to other organizations?
West Virginia JIC Opinion 2024-11 allows the judge to handle a personally purchased and maintained comfort dog if the county permits courthouse access, but bars a judge or staff handler when a third…
May a circuit judge keep hosting a nonpartisan educational television program about courts?
West Virginia JIC Opinion 2024-10 permits the judge to host the program under stated limits on topics, neutrality, personal time, court resources and voluntary participation by court personnel.
May a judge-elect speak publicly about a civil trial win while the appeal period remains open?
West Virginia JIC Opinion 2024-09 applies Rule 2.10 to a judge-elect and bars the proposed case presentation while the appeal period runs, absent a written waiver of appeal and payment of the judgment.
May a judge work as a paid auctioneer or call bids at charity auctions?
West Virginia JIC Opinion 2024-08 permits part-time paid auctioneering on the judge's own time with written approval and no interference with judicial duties, but prohibits the judge from…
Will the West Virginia JIC issue an advisory opinion about a judicial candidate's opponent or a third-party campaign statement?
In Opinion 2024-07, the West Virginia JIC unanimously declined to opine on another person's conduct and declined further clarification of its earlier opinions on disavowing third-party statements.
May a judicial candidate continue representing political party organizations in pending lawsuits?
West Virginia JIC Opinion 2024-06 permits the described legal representations during the campaign, with counsel-only messaging and termination before taking the judicial oath if the cases remain open.
May a prosecutor running for judge post criminal case outcomes on a prosecutor website during the campaign?
West Virginia JIC Opinion 2024-05 says the candidate should not post about cases while running for office, but may post the actual sentencing order without further comment.
May a West Virginia judge coach a school team or referee school sports?
West Virginia JIC Opinion 2024-04 bars paid or volunteer school-system coaching because Board of Education cases would require disqualification, but permits refereeing under the applicable referee rules.
May a West Virginia judicial candidate answer a political party's multiple-choice legal-issues questionnaire without room to explain?
West Virginia JIC Opinion 2024-03 says candidates should not answer the described legal-issues questionnaire in its fixed-choice format without an opportunity to explain their answers.
May an elected West Virginia magistrate remain a realty-company employee and operate a small rental LLC?
West Virginia JIC Opinion 2024-02 rejects continued employment by the realty company but permits the described rental LLC activity, subject to approval by the Supreme Court's Administrative Director.
May a West Virginia magistrate attend a nonprofit elimination dinner and list a judicial title on its ticket-holder handout?
West Virginia JIC Opinion 2024-01 permits participation unless the sponsor regularly appears before a court, and allows the magistrate's name but not judicial title on the handout.
May a chief judge or supervised court marshal arrange donations for a courthouse therapy dog?
West Virginia JIC Opinion 2023-29 says neither the judge nor a supervised chief court marshal may act as the donation conduit; the County Commission should seek and handle the funds.
May a West Virginia judge publicly display a partisan opposition bumper sticker on a private vehicle?
West Virginia JIC Opinion 2023-28 concludes that the judge cannot publicly display the described 'Stop the GOP' sticker because it would appear to oppose Republican candidates.
What campaign activities may a West Virginia judge's court staff undertake for the judge's reelection?
West Virginia JIC Opinion 2023-27 permits staff to campaign voluntarily on their own time, including reposts, yard signs and events, but bars committee service, courthouse shirts and donations to…
May a legislator running for judge publicize legislative work, awards and organization memberships?
West Virginia JIC Opinion 2023-26 permits the candidate to list those credentials, but says the candidate must leave memberships that threaten neutrality or frequent disqualification before taking…
May candidates for other offices join a West Virginia judicial candidate's committee or sponsor a fundraiser?
West Virginia JIC Opinion 2023-25 says concurrent candidates for other offices may neither serve on the judicial campaign committee nor sponsor its fundraiser because that could appear to be an…
May a West Virginia judge or magistrate also serve as a volunteer firefighter or EMT?
West Virginia JIC Opinion 2023-24 declines to reconsider Opinion 2020-28 and maintains its bar on concurrent EMT or volunteer firefighter service by judges and magistrates.
May a West Virginia judge appear on television to discuss cases pending elsewhere or general court procedures?
West Virginia JIC Opinion 2023-23 bars a judge's media comments on pending or impending cases in any court, while allowing discussion of general court procedures unconnected to such a matter.
May West Virginia judges use AI for legal research, opinion drafting or deciding a case?
West Virginia JIC Opinion 2023-22 permits AI for research, forbids using it to decide a case's outcome, and calls for extreme caution with AI drafting and review of the final judicial work.
May a magistrate run for reelection while a spouse runs for sheriff, and hear cases involving the sheriff's department?
West Virginia JIC Opinion 2023-21 permits both candidacies with separate campaigns, requires recusal when the spouse is involved, and calls for disclosure when other department members appear.
May a West Virginia judicial candidate state a political party affiliation in a nonpartisan campaign?
West Virginia JIC Opinion 2023-20 permits party affiliation in campaign material if the candidate also states that the judicial position sought is nonpartisan.
May a sitting judge's reelection committee sponsor a charity's fundraising benefit?
West Virginia JIC Opinion 2023-19 says neither the sitting judge nor the judicial campaign committee may sponsor the described charity benefit.
When must a West Virginia judge recuse after a daughter-in-law joins the public defender's abuse-and-neglect team?
West Virginia JIC Opinion 2023-18 disqualifies the judge from matters involving the daughter-in-law or her grant-funded attorney and directs disclosure in other public defender matters.
May a West Virginia judge appear as a guest on a law firm's television infomercial?
West Virginia JIC Opinion 2023-17 says the judge should not appear because viewers could perceive an endorsement of the firm and the appearance could spur disqualification motions.
May a legislator seeking reelection serve on a judicial candidate's committee or host a fundraiser?
West Virginia JIC Opinion 2023-16 says the legislative candidate may neither join the judicial candidate's committee nor host a fundraiser because those roles could appear to endorse the legislator.
May a newly elected West Virginia judge keep an office building and rent it to lawyers?
West Virginia JIC Opinion 2023-15 permits the described lawyer tenancy if the judge disqualifies from renters' cases, relying on existing ownership, a multi-judge circuit and enough other lawyers.
May a West Virginia judge and spouse join local partisan clubs that promote candidates?
West Virginia JIC Opinion 2023-14 says neither the judge nor spouse should join the described Republican clubs because their electoral purposes make them political organizations.
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Legal ethics opinions from the West Virginia Judicial Investigation Commission interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.