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 judge publicly take a position on an amendment authorizing statutory courts?
West Virginia JIC Opinion 1998-05 allowed a judge to take a public position on the proposed constitutional amendment concerning legislative authority to create statutory courts.
Could a judge serve on a police block grant advisory board reviewing law enforcement spending?
West Virginia JIC Opinion 1998-04 advised the judge against joining the police block grant advisory board and suggested a nonjudge court employee instead.
Could a judicial candidate add a contribution request to first-person campaign newspaper ads?
West Virginia JIC Opinion 1998-03 rejected the proposed contribution line because the ads could appear to solicit contributions personally for the candidate.
Could magistrates refer only college student defendants to a diversion program without legal authority?
West Virginia JIC Opinion 1997-33 barred participation in the described program because magistrates lacked legal authority and it gave some defendants a benefit unavailable to others.
Could a magistrate explain juvenile court procedure to a local juvenile crime group?
West Virginia JIC Opinion 1997-32 allowed the magistrate to address a study group about the legal system but said not to participate if the group was an advocacy organization.
Could a part-time family law master represent clients in an adoption case?
West Virginia JIC Opinion 1997-31 found no blanket ban on adoption representation but required attention to actual or potential conflicts before taking the case.
Could a judge’s spouse join a CASA advisory committee when the judge heard all local abuse cases?
West Virginia JIC Opinion 1997-30 advised against the spouse joining CASA’s advisory committee because the affiliation could create an appearance of impropriety.
Could a judge’s fiancée remain the circuit’s official court reporter after the judicial appointment?
West Virginia JIC Opinion 1997-29 concluded that the fiancée could not remain official court reporter if the requester became judge, citing Canon 3C(4) and the supervisory relationship.
Could a magistrate appear once on a law firm sponsored radio program about legal issues?
West Virginia JIC Opinion 1997-28 allowed the one-time appearance but limited discussion to Canon 4B topics and barred comments on specific pending or impending cases.
Could a judge advise a state college criminal justice program on courses?
West Virginia JIC Opinion 1997-27 permitted the judge to serve on Glenville State College’s criminal justice program advisory board within former Canon 4C’s limits.
Could a sitting magistrate accept a governor-appointed seat on the ERASE board?
West Virginia JIC Opinion 1997-25 concluded that article VIII, section 7 barred the magistrate from accepting the appointment to ERASE’s board.
Could a judge use allegations in a confidential judicial complaint to seek criminal or other legal action?
West Virginia JIC Opinion 1997-24 advised the judge not to use allegations from the confidential complaint for the proposed legal action.
Could a judge accept a county commission appointment to an emergency services advisory council?
West Virginia JIC Opinion 1997-23 concluded that article VIII, section 7 barred the judge from accepting the county appointment.
Could a judge voluntarily write a favorable character letter for another judge’s pending ethics case?
West Virginia JIC Opinion 1997-22 rejected the proposed letter for use in the judge’s formal ethics response as prohibited voluntary character testimony.
Could a chief judge hire another circuit judge’s granddaughter as probation officer?
West Virginia JIC Opinion 1997-21 found no nepotism in the described merit-based hiring process where the related judge did not participate and the appointee would not work on that judge’s cases.
Could a circuit judge attend a local Crimestoppers law enforcement appreciation banquet?
A majority in West Virginia JIC Opinion 1997-20 advised that attendance at the described Crimestoppers banquet would be improper.
Could a magistrate serve on the governor-appointed State Fire Commission?
West Virginia JIC Opinion 1997-19 concluded that a magistrate could not accept the State Fire Commission appointment under article VIII, section 7.
Must a judge recuse when lawyers appearing before the judge rent offices from the judge’s spouse?
The majority in West Virginia JIC Opinion 1997-18 required recusal from cases involving the spouse’s two lawyer tenants; a stated minority favored disclosure and party choice.
Must a judge recuse when conflict with a lawyer makes the judge unable to decide fairly?
West Virginia JIC Opinion 1997-17 said the judge must recuse from a proceeding if the stated conflict prevents a fair and impartial decision.
Could a magistrate formerly active in MADD hear alcohol offense cases?
West Virginia JIC Opinion 1997-15 required disqualification from alcohol offenses predating the magistrate’s term, including later cases enhanced by such a predicate offense.
Must a judge recuse from city police cases because the judge’s spouse sits on city council?
West Virginia JIC Opinion 1997-14 found no automatic recusal in all police cases but required disclosure of the spouse’s council role so parties could seek disqualification.
Could a family law master hear a case involving a lawyer from the master’s former firm?
West Virginia JIC Opinion 1997-06 barred cases the former colleague handled during their association, while allowing later firm cases with disclosure for a reasonable time.
Could a magistrate attend annual events hosted by victim assistance, violence prevention, and police groups?
A majority in West Virginia JIC Opinion 1997-13 advised against attending the described events because the groups represented one interest and could appear in court regularly.
Could a judge serve on a county United Way board engaged in fundraising and grant distribution?
West Virginia JIC Opinion 1997-12 advised against United Way board service because of fundraising limits and possible court appearances by recipient organizations.
Could a judge write legislators or testify about proposed legislation?
West Virginia JIC Opinion 1997-11 allowed legislative contact within former Canon 4, excluding matters pending before the judge and calling for personal, rather than official, presentation.
Could a West Virginia Supreme Court justice remain a Fellow of the American Academy of Matrimonial Lawyers?
West Virginia JIC Opinion 1997-10 permitted continued Academy membership under former Canon 4C(2).
Did a third cousin’s prosecutor office employment disqualify a judge from criminal cases?
West Virginia JIC Opinion 1997-09 said the third cousin’s paralegal and office manager job did not affect the judge’s handling of criminal matters under former Canon 3E(1)(d).
Could a judge send thank-you letters to members of a jury panel?
West Virginia JIC Opinion 1997-08 permitted letters after the jurors’ term, provided they avoided trials, verdicts, issues, and requests for deliberation comments.
Could judges participate in domestic violence coordinating councils under the proposed 1997 protocol?
West Virginia JIC Opinion 1997-07 found judicial participation under the draft councils’ stated goals incompatible with several former Canons.
Does a magistrate’s assistant having a police or prosecutor spouse automatically disqualify the magistrate?
West Virginia JIC Opinion 1997-05 found no automatic disqualification, required case-specific analysis, and called for disclosure of the assistant’s relationship in each affected case.
Could a new judge continue serving as attorney in fact for a close elderly friend?
West Virginia JIC Opinion 1997-04 allowed the unpaid fiduciary role because the Commission treated the longtime friend as a family member under former Canon 4E(1)’s close relationship definition.
Could a senior status judge serve on the State Bar’s fee resolution committee?
West Virginia JIC Opinion 1997-03 allowed a senior status judge to serve on the State Bar fee resolution committee under former Canon 6B(4).
Could a new circuit judge sign an agreed lawyer disciplinary stipulation from prior panel service?
West Virginia JIC Opinion 1997-02 found no Code violation in signing the already agreed stipulation to complete the judge’s former hearing-panel responsibilities.
Could a mental hygiene commissioner sit on a public defender corporation board whose lawyers appeared before the commissioner?
West Virginia JIC Opinion 1997-01 barred the commissioner from serving on the public defender corporation board under former Canon 4C(3)(a).
Could a newly elected magistrate keep working as a real estate agent for someone else’s agency?
West Virginia JIC Opinion 1996-32 said the magistrate could not continue real estate agency work because former Canon 4D(3)’s family-business exceptions did not apply.
Could a practicing attorney who became a magistrate handle appeals in the West Virginia Supreme Court?
West Virginia JIC Opinion 1996-31 found no constitutional or statutory bar to the described appeals, while emphasizing that law practice could not interfere with magistrate duties.
Which cases could a new magistrate hear after serving as assistant prosecutor?
West Virginia JIC Opinion 1996-30 barred the magistrate from office cases pending during prosecutorial service and other cases about which the magistrate had prosecutorial communications.
Could a magistrate continue as an officer of a volunteer county fair board?
West Virginia JIC Opinion 1996-29 permitted continued fair board service if the magistrate did not solicit funds or give investment advice.
Could a new magistrate renew a private investigator firm license and keep it after taking office?
West Virginia JIC Opinion 1996-27 allowed renewal before office to protect employees, but said the license should be surrendered and investigative work stopped upon becoming magistrate.
Could a new magistrate hire the county sheriff’s wife as magistrate assistant?
West Virginia JIC Opinion 1996-26 said the magistrate could not hire the sheriff’s wife because of the sheriff’s frequent court role and related appearance and recusal concerns.
Could a judge join a nonprofit hospital board after three cases involving it had come before the judge in five years?
West Virginia JIC Opinion 1996-25 concluded that Canon 4A(3)(a) prohibited the hospital board role because of three prior cases involving it and the possibility of continued litigation.
Could a mental hygiene commissioner lead a mental health center that appeared in commitment cases?
West Virginia JIC Opinion 1996-24 barred the commissioner’s board and president roles at the mental health center under former Canon 4C(3)(a).
Could a magistrate work as a private investigator outside the county on off-duty hours?
West Virginia JIC Opinion 1996-23 rejected the proposed investigator work because attorney engagements and business relationships could conflict with judicial duties.
Could a senior status judge accept a seat on a nonpartisan county board of education?
West Virginia JIC Opinion 1996-22 concluded that article VIII, section 7 barred a senior status judge from holding the school board seat while serving as a judicial officer.
Could a circuit judge remain on the governor-appointed Regional Jail and Correctional Authority?
West Virginia JIC Opinion 1996-20 concluded that the judge could not continue on the Authority because its work fell outside former Canon 4C(2) and overlapped with criminal cases.
Could a magistrate join a county fair’s celebrity goat-milking event while identified by judicial title?
West Virginia JIC Opinion 1996-19 allowed the event participation if it was not used to solicit funds.
Could a senior status judge solicit major gifts as a Rotary fund chair?
West Virginia JIC Opinion 1996-18 said the senior judge could not actively solicit funds for Rotary under former Canon 4C(3)(b).
Could a domestic violence advocate keep that job while running for magistrate?
West Virginia JIC Opinion 1996-16 allowed the candidate to keep the advocacy job during the campaign but warned that election could require recusal in domestic violence cases.
Could a judge buy a Little League outfield sign using the judge’s name?
West Virginia JIC Opinion 1996-15 permitted the sign with the judge’s name but prohibited identifying the buyer as a judge or using other judicial identification.
Could a judge serve on an elder care and senior housing nonprofit advisory board?
West Virginia JIC Opinion 1996-14 permitted advisory board service but required disclosure of the role if a resident appeared as a litigant.
Could a part-time family law master practice domestic relations law in another state?
West Virginia JIC Opinion 1996-13 concluded that a part-time family law master could not practice domestic relations law in another state under former Canon 6C(2).
Could a judge join a United Way fundraiser using the judge’s photo, name, and title on a donation jar?
West Virginia JIC Opinion 1996-11 concluded that the judge should not participate in the described fundraising contest.
Could a mental hygiene commissioner serve on the board of a provider whose staff appeared in the commissioner’s proceedings?
West Virginia JIC Opinion 1996-10 concluded that the commissioner could not serve on the proposed board under former Canon 4C(3)(a).
Could a juvenile referee hear cases involving a public defender’s office while serving as its co-counsel in another case?
West Virginia JIC Opinion 1996-09 required disqualification when a public defender from that office appeared before the referee for as long as the co-counsel relationship continued.
Could a senior status justice take Supreme Court assignments while representing clients in matters filed there?
West Virginia JIC Opinion 1996-08 concluded that a senior status justice doing limited legal practice would be disqualified from Supreme Court assignments if the justice had matters filed there or…
Could a magistrate candidate park a campaign-marked van in a reserved spot near the courthouse?
West Virginia JIC Opinion 1996-07 concluded that the candidate should not park the campaign-marked van in that spot because it was in an area where judicial activities were conducted.
Could a circuit judge serve on a county family resource network board?
West Virginia JIC Opinion 1996-05 concluded that the circuit judge should not serve on the family resource network board because of overlap with cases before the court.
Could a judge continue as a paid trustee of an unrelated charitable foundation?
West Virginia JIC Opinion 1996-04 concluded that the judge could not continue as trustee of the foundation under former Canon 4E(1).
Could a judge decide default judgments involving a company in which the judge and spouse owned a small stock interest?
West Virginia JIC Opinion 1996-03 concluded that the judge could hear the described cases because the Bell Atlantic stock interest did not appear to exceed a de minimis interest.
Could a judge serve as a director of the business listed in the judge’s extra-judicial compensation report?
West Virginia JIC Opinion 1996-02 concluded that the reported director service was not permitted under former Canon 4D(3).
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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.