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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Could a senior judge answer a public forum survey about issues likely to come before courts?
West Virginia JIC Opinion 2000-37 said the senior judge's completion of the survey and participation in the forum discussions could compromise Canons 1 and 2 because they required positions on…
Could a judge donate rent-free office space to a political party for an election headquarters?
West Virginia JIC Opinion 2000-36 allowed a judge to donate office space to a political party as an in-kind contribution, provided the donation complied with election law.
Could a part-time juvenile referee represent a prosecuting attorney candidate in a malpractice case?
West Virginia JIC Opinion 2000-35 allowed the referee to take the candidate's case if he complied with disclosure and recusal duties; if the candidate became prosecutor, disclosure was required and…
Could a judicial candidate attend committee-run roast and golf tournament fundraisers?
West Virginia JIC Opinion 2000-33 found no Canon 5C(2) violation in the described roast and golf fundraiser because the campaign committee handled ticket and entry-fee sales without the candidate's…
How did a judge report mutual funds, retirement plans, and compensation under the former financial disclosure rule?
West Virginia JIC Opinion 2000-32 said to identify each mutual fund or retirement plan, rather than its changing holdings, and treated compensation over $500 as income reportable to the IRS on a tax…
Could a subpoenaed judge submit a letter in place of appearing at a hearing?
West Virginia JIC Opinion 2000-31 said that, because the judge had already been subpoenaed, he could submit a letter as a substitute for appearing personally at the hearing.
Could a magistrate serve on a federal credit union's supervisory committee?
West Virginia JIC Opinion 2000-28 said former Canon 4 prohibited the magistrate from joining the credit union's supervisory committee because the organization could become involved in matters…
When must a family law master recuse after hiring an attorney's former paralegal?
West Virginia JIC Opinion 2000-27 required recusal from cases that were in the attorney's office while the new case coordinator worked there, but not from cases the attorney received after she…
Could a magistrate call voters to support an assistant's magistrate campaign?
West Virginia JIC Opinion 2000-26 said a magistrate could not telephone voters to ask them to support the magistrate's assistant, who was running for magistrate.
Could another candidate reuse a senior judge's old campaign signs?
West Virginia JIC Opinion 2000-25 found no problem with another candidate reusing signs the senior judge had given away, so long as the judge's name was completely covered.
Could a circuit judge candidate continue insurance expert witness work during the campaign?
West Virginia JIC Opinion 2000-24 said the candidate's expert witness positions did not violate the cited Canon 5 provision, but he could not publicize or use those opinions to advance his campaign.
Could a former judge's campaign committee give surplus funds to a nonjudicial candidate?
West Virginia JIC Opinion 2000-23 said the former judge's campaign committee could not transfer its surplus balance to a state candidate for nonjudicial office under former Canon 5C(2).
Did former Canon 5's political restrictions apply to a retired judge outside senior status?
West Virginia JIC Opinion 2000-21 concluded that former Canon 5's restrictions applied to retired judges admitted to senior status, but not to a retired judge outside that status.
Could a family law master preside over a case mediated by her husband?
West Virginia JIC Opinion 2000-20 said the family law master should not sit on cases in which her husband served as mediator, to avoid an appearance of impropriety.
Could a magistrate hold designated probable cause and emergency detention hearings under a circuit court order?
West Virginia JIC Opinion 2000-19 allowed the magistrate to continue holding mental hygiene hearings under the cited statute, so long as a circuit court order designated the magistrate within the…
Did an unopposed judge who would not campaign need a treasurer or campaign committee?
West Virginia JIC Opinion 2000-18 said a judge unopposed in both elections who did not intend to campaign needed neither a campaign committee nor a treasurer under former Canon 5C(2).
Could a magistrate use the state seal in reelection campaign materials?
West Virginia JIC Opinion 2000-16 said a magistrate could not use the state seal in campaign materials because it would suggest official judicial letterhead was being used for the campaign.
Could a family law master judge the Miss West Virginia Scholarship Pageant?
West Virginia JIC Opinion 2000-15 found no canon prohibiting the family law master from serving as a judge for the Miss West Virginia Scholarship Pageant.
Could the Family Court Association place candy jars in legislators' offices and host a Capitol reception?
West Virginia JIC Opinion 2000-14 concluded that the Association's described candy jars and reception for legislators and staff would not violate the Code of Judicial Conduct.
Could a senior judge serve as a judicial fellow in the Association of Trial Lawyers of America?
West Virginia JIC Opinion 2000-13 concluded that the senior judge could not accept the judicial fellow designation because the association generally represented one side of litigation.
Could a circuit judge send lawyers a letter supporting a domestic violence pro bono project?
West Virginia JIC Opinion 2000-12 concluded that the judge could not send the proposed letter to local lawyers because a letter signed by the judge would conflict with former Canon 2.
Must a magistrate whose daughter becomes county prosecutor avoid cases handled by her office?
West Virginia JIC Opinion 2000-11 concluded that the magistrate would be disqualified from all cases represented by any lawyer in the daughter prosecutor's office.
Could a judicial candidate use the state seal on campaign material?
West Virginia JIC Opinion 2000-10 concluded that a judge could not use the State Seal on campaign material because it could be confused with official judicial letterhead.
Could a family law master serve as a trustee of a Baptist church?
West Virginia JIC Opinion 2000-09 permitted the family law master to serve as a church trustee, subject to the former Canon 4 provisions quoted in the opinion.
Could a justice's staff voluntarily appear in her reelection television commercial on their lunch hour?
West Virginia JIC Opinion 2000-08 found no prohibition in former Canon 5 against the justice's staff appearing voluntarily in her campaign commercial on their own time.
Could a magistrate and the magistrate's daughter appear on the same ballot for different offices?
West Virginia JIC Opinion 2000-07 found no Canon 5 violation from the magistrate and daughter appearing on the same ballot, while reiterating the ban on public endorsements.
What should a judge disclose when an attorney appearing before the judge is an election opponent?
West Virginia JIC Opinion 2000-06 said the judge should disclose the contested race when the opposing attorney appears and recuse if personally biased or prejudiced against that attorney.
Could a judge be listed as a graduating law student's character reference for a bar examination?
West Virginia JIC Opinion 2000-05 permitted the judge to be listed as a Virginia bar examination character reference if the information supplied came from personal knowledge.
Could a judge hear a case defended by a law firm in which the judge's brother was a partner in another office?
West Virginia JIC Opinion 2000-04 allowed the judge to hear the described case after disclosure, with no brother involvement or objection, and called for disclosure and an involvement check in…
Could a judge or judicial candidate attend a nonprofit group's elimination dinner?
West Virginia JIC Opinion 2000-03 permitted attendance at the described elimination dinner, with limits on fundraising and on events sponsored by organizations appearing regularly before courts.
Could a judicial candidate's campaign committee hold a fundraiser at the candidate's home?
West Virginia JIC Opinion 2000-01 said the candidate should not host the committee fundraiser at home, even without personally soliciting or accepting contributions, because it would appear…
Did a foundation's use of a shared address and phone number bar the described judicial involvement?
West Virginia JIC Opinion 1999-23 found no Code of Judicial Conduct canon prohibiting the described foundation activity, including its use of the stated address and telephone number.
Could a judge serve on the Salvation Army advisory board?
West Virginia JIC Opinion 1999-22 permitted the advisory board service but said the judge could not solicit funds for the Salvation Army or allow the judge's name to be used for that purpose.
Could a judicial candidate appoint the candidate’s spouse as campaign treasurer under the 1999 Code?
West Virginia JIC Opinion 1999-19 concluded that a candidate’s wife could not serve as campaign treasurer under the then-current Canon 5, which the Commission read to bar her personal solicitation…
Must a circuit judge recuse when the judge’s law clerk’s lawyer spouse or that spouse’s firm appears?
West Virginia JIC Opinion 1999-18 said recusal was not automatic, but the judge had to disclose the relationship whenever the spouse or firm appeared. The clerk could not work on a case in which the…
Could an adult stepdaughter outside the candidate’s household serve as judicial campaign treasurer in 1999?
West Virginia JIC Opinion 1999-17 found no prohibition under then-current Canon 5C(2) on the adult stepdaughter serving on the campaign committee, on the stated fact that she lived outside the…
Could a judge sit on a police department board reviewing a grant application in 1999?
West Virginia JIC Opinion 1999-16 advised the judge against serving on a police department advisory review board that would recommend how to use grant money.
Could a judge serve on a college foundation board under the 1999 Code?
West Virginia JIC Opinion 1999-13 permitted service on the college foundation board but cautioned that the judge could not solicit funds for the foundation.
Could a magistrate buy a high school football program ad identifying the buyer as a magistrate?
West Virginia JIC Opinion 1999-10 allowed the ad only if the buyer removed “magistrate” and any other judicial identification.
Could a family law master also serve as a mental hygiene commissioner under the West Virginia Constitution?
West Virginia JIC Opinion 1999-09 concluded that concurrent service as family law master and mental hygiene commissioner was inappropriate under its reading of article VIII, section 7.
Could a judge serve on a state college multicultural affairs advisory committee in 1999?
West Virginia JIC Opinion 1999-08 permitted the judge to serve on the college’s Multicultural Affairs Advisory Committee under former Canon 4C(3).
Could a part-time juvenile referee represent juveniles under a public defender contract in 1999?
West Virginia JIC Opinion 1999-07 permitted the referee’s public defender work on juvenile cases only if they were unrelated to proceedings in which the referee had served.
Could a juvenile referee join a police department advisory board on juvenile delinquency in 1999?
West Virginia JIC Opinion 1999-06 advised the juvenile referee against serving on the police department’s juvenile delinquency advisory board.
Could a judge serve as president of a homeowners association involved in civil litigation in 1999?
West Virginia JIC Opinion 1999-15 advised the judge not to serve as homeowners association president because the role could lead to adversary proceedings in local magistrate or circuit court.
What should a judge do when a lawyer named for the judge’s planned adoption appears in the judge’s cases?
West Virginia JIC Opinion 1999-05 required disclosure in every case involving the lawyer after the judge named that lawyer and advised recusal when requested during the relationship.
When should a newly appointed magistrate recuse from cases involving the former public defender office?
West Virginia JIC Opinion 1999-04 required recusal from every case in which the magistrate had served as an attorney and disclosure of prior public defender employment in other office cases.
Must a judge disclose a spouse’s employment with the child support agency in agency cases?
West Virginia JIC Opinion 1999-03 said the judge should disclose the spouse’s employment and brief job description so parties could raise disqualification issues in agency cases.
Could a judge serve on a county committee studying courthouse renovation or construction in 1999?
West Virginia JIC Opinion 1999-01 permitted service on the described courthouse study committee within former Canon 4C’s limits.
Could a judge review child abuse cases involving a former law partner at later status and post-disposition hearings?
West Virginia JIC’s December 18, 1998 letter allowed quarterly status reviews and post-disposition hearings in the described former-partner cases.
When could a new circuit judge hear cases involving a former law partner who served as assistant prosecutor?
West Virginia JIC Opinion 1998-16 disqualified the judge from described juvenile and child abuse cases involving the former partner and begun during their partnership; it allowed unrelated…
Could a judge serve on a symphony artistic committee in 1998?
West Virginia JIC Opinion 1998-15 permitted the judge to serve on the symphony’s Artistic Committee so long as the service remained within former Canon 4C(3).
Could a family law master receive a share of a former practice contingency fee after taking office?
West Virginia JIC Opinion 1998-14 found no Code prohibition on the family law master receiving the prearranged fee share because the percentage was fixed before appointment and the client agreed.
Could a family law master apply for a federal magistrate judge position while still holding state office?
West Virginia JIC Opinion 1998-13 said applying was permissible, but the family law master would have to choose between the two offices if selected.
Could a part-time family law master also serve as a part-time U.S. magistrate judge?
West Virginia JIC Opinion 1998-12 concluded that the family law master could not hold both offices under the state constitution.
Could a judge sentence someone the judge represented in a different criminal matter?
West Virginia JIC Opinion 1998-11 found no automatic disqualification on the stated facts, but required disclosure of the former representation and an opportunity for motions.
Could a judge publicly campaign for a school levy at the superintendent’s request?
West Virginia JIC Opinion 1998-10 said the judge could not be an active public supporter of the upcoming school levy.
Could a judge voluntarily send a character letter for a juvenile defendant in another state?
West Virginia JIC Opinion 1998-09 said the judge could not send the proposed character letter under former Canon 2B.
Could a magistrate join a women’s professional organization that advocated on public policy?
West Virginia JIC Opinion 1998-08 advised the magistrate against membership because the club’s advocacy and legislative work conflicted with former Canon 4.
Could a juvenile probation office post a new public juvenile disclosure statute?
West Virginia JIC Opinion 1998-07 found no legal or ethical prohibition on posting the public statute in the juvenile probation office.
Could a part-time family law master act as guardian ad litem in abuse and neglect cases?
West Virginia JIC Opinion 1998-06 said the family law master could not serve as guardian ad litem in those cases because the duties created substantial conflict potential and recusal concerns.
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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.