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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Must a family law master disqualify when the master’s spouse’s associate serves as guardian ad litem in a case?
West Virginia JIC Opinion 1996-01 found no automatic disqualification but required the family law master to disclose the spouse’s associate’s guardian role on the record.
How could a circuit judge handle appointments and jury matters when the judge’s son practiced in that circuit?
West Virginia JIC Opinion 1995-37 required rotation-based appointments and special-judge handling of the son’s cases and petit-jury selection, while allowing generic grand- and petit-jury instructions.
Could a judge’s campaign committee rent office space from a partnership that included a lawyer practicing before the judge?
West Virginia JIC Opinion 1995-36 concluded that the campaign committee should not rent the space; the Commission chair dissented.
Could a family law master’s assistant sign the master’s name to a recommended order or its notice?
West Virginia JIC Opinion 1995-35 concluded that the family law master must personally sign both the recommended order and its accompanying notice.
Could lawyers who regularly practiced before a judge serve on that judge’s campaign committee?
West Virginia JIC Opinion 1995-34 allowed the lawyers to serve, but required disclosure when a committee member appeared before the judge so parties could consider recusal.
Could a family law master serve on West Virginia’s Commission for National and Community Service?
The letter archived as West Virginia JIC Opinion 1995-33 found no conflict on the facts supplied under former Canon 4C(3).
Could a judge voluntarily send a medical board an affidavit about a respondent’s behavior in a pending domestic violence hearing?
West Virginia JIC Opinion 1995-32 rejected voluntary comment on the pending or impending proceeding, while allowing subpoenaed testimony about independent events.
Must a judge recuse when Attorney General lawyers appear if the judge’s son works there as a paralegal?
West Virginia JIC Opinion 1995-31 required on-record disclosure of the son’s employment; further inquiry might be needed before a party sought recusal or the judge recused.
Could a part-time juvenile referee represent criminal defendants in counties where the referee did not serve?
West Virginia JIC Opinion 1995-30 allowed criminal defense work in other counties but said the referee should refrain from it in the county of judicial service.
Could a judge moderate a gubernatorial debate and serve as unpaid secretary of a nonprofit nursing home?
West Virginia JIC Opinion 1995-29 permitted both described roles, subject to the limits of former Canon 4C(3) and regular review of the nursing home’s activities.
Could a part-time family law master be a notary or church trustee, and join church fundraising?
West Virginia JIC Opinion 1995-28 barred concurrent notary service, allowed church trusteeship with disclosure in related hearings, and restricted solicitation of funds while allowing some generic…
What disclosure did a family law master owe in cases possibly involving former child advocate work?
West Virginia JIC Opinion 1995-27 required the master to disclose prior child advocate employment and responsibilities in the affected cases so parties could decide whether to seek recusal.
Could a family law master sit on a board of zoning appeals?
West Virginia JIC Opinion 1995-26 concluded that the board service was inappropriate because its decisions would face fairly frequent circuit-court appeals and adversary proceedings.
Could a judge serve on a citizens committee campaigning for a school bond issue?
West Virginia JIC Opinion 1995-25 concluded that the judge should not join the committee, citing the controversy around bond issues and pending bond litigation.
Could a judge’s spouse hold a political fundraiser in the couple’s home?
West Virginia JIC Opinion 1995-24 permitted the spouse’s home fundraiser if the judge did not raise funds or endorse any candidate.
Could a judge and family donate to a fellow judge’s campaign or pay to attend its fundraiser?
West Virginia JIC Opinion 1995-23 barred the judge’s contribution to an individual judge’s campaign and payment to attend that candidate’s fundraiser, while permitting separately funded family…
Could a magistrate also take a paid, part-time appointment as municipal judge?
West Virginia JIC Opinion 1995-21 concluded that a magistrate could not also serve as a municipal judge under article VIII, section 7 of the West Virginia Constitution.
Was a judge automatically disqualified from every case involving a firm where the judge’s daughter clerked?
West Virginia JIC Opinion 1995-18 found no automatic disqualification, but required disclosure and inquiry into the daughter’s role and involvement in each case.
Could a circuit judge give to an individual candidate or attend a public political fundraiser?
West Virginia JIC Opinion 1995-17 barred an unsolicited contribution to an individual candidate, allowed contributions to political organizations, and permitted attendance at a public fundraising event.
Could a lawyer serving as magistrate remain in the trial lawyers association and act as mediator or arbitrator?
West Virginia JIC Opinion 1995-16 rejected continued association membership but allowed the practicing-attorney magistrate to mediate and arbitrate under the state constitutional exception.
Could a circuit judge prepare tax returns for unrelated individuals?
West Virginia JIC Opinion 1995-15 concluded that preparing the described tax forms for people outside the family exception was inappropriate under former Canon 4G.
Could a judge keep a one-third interest in an office-building company shared with lawyers who might appear in court?
West Virginia JIC Opinion 1995-14 concluded that the judge could not keep the ownership interest while on the bench or have the associated individuals appear before the judge.
Could a judge take an unpaid appointment to a county board of health?
West Virginia JIC Opinion 1995-13 concluded that the judge should not serve on the board because its functions raised concerns under former Canon 4C(3)(a).
Did a judge’s spouse working in private-school fundraising and development violate the judicial Code?
West Virginia JIC Opinion 1995-12 found no Code violation in the spouse’s described private-school employment, which it treated as separate from the judge’s work.
Could a part-time family law master act as counsel in an appeal before West Virginia’s Supreme Court?
West Virginia JIC Opinion 1995-11 permitted Supreme Court counsel work if the appeal did not involve the same subject-matter jurisdiction as the master’s part-time judicial role.
Could a county magistrate office accept free basic cable service from a local company?
West Virginia JIC Opinion 1995-09 concluded that former Canon 4D(5) prohibited receipt of the complimentary cable service.
Was a judge automatically disqualified from State Police criminal cases if the judge’s spouse worked as a secretary there?
West Virginia JIC Opinion 1995-07 found no automatic disqualification on those facts, but required disclosure of the spouse’s State Police employment in affected cases.
Could a judge work part time as a salesman for a local bread company?
West Virginia JIC Opinion 1995-05 concluded that the judge could not take the sales job under former Canon 4D(3).
Did hiring a former prosecutor’s office secretary require a judge to recuse from criminal cases?
West Virginia JIC Opinion 1995-04 found no conflict on the stated facts because the secretary had handled no grand jury matters and few indictments, unlike an attorney preparing cases.
Could a judge enter uncontested divorce orders from submitted papers without a hearing?
West Virginia JIC Opinion 1995-03 concluded that the described paper-only procedure did not meet statutory requirements for findings about the parties’ agreement.
Could a judicial officer sit on a rehearing panel where the judicial officer’s special-counsel firm had related client interests?
West Virginia JIC Opinion 1995-02 concluded that the judicial officer could not continue on the case and had to recuse under former Canons 2A and 3E(1).
Could a judicial candidate be named on a campaign committee’s checking-account signature card to sign checks?
West Virginia JIC Opinion 1995-01 concluded that a judicial officer or candidate could not be a campaign-account signatory for that purpose under former Canon 5C(2).
Could a judge hear juvenile cases or refer juveniles to a company employing the judge’s spouse?
West Virginia JIC Opinion 1994-23 concluded that hearing cases involving the spouse’s company or referring cases to it would create an appearance of impropriety.
Could a magistrate join the Fraternal Order of Police Associates?
West Virginia JIC Opinion 1994-22 concluded that the membership would harm the appearance of impartiality and public confidence.
Must a judge recuse from hospital cases because an adult stepson works there?
West Virginia JIC Opinion 1994-21 found no required recusal on the stated facts, but said the judge should disclose the employment on the record.
Could a judge serve as parliamentarian at a credit union’s annual membership meeting?
West Virginia JIC Opinion 1994-25 found no Code provision barring the judge from ensuring the meeting followed Robert’s Rules of Order.
Could a part-time family law master draft decisions on backlogged workers compensation cases under contract?
The letter indexed as West Virginia JIC Opinion 1994-24 permitted the contract if the master only reviewed files, drafted decisions, took no evidence, and received a flat fee per case.
Must a judge recuse from every case involving an insurer against which the judge had a personal accident claim?
West Virginia JIC Opinion 1994-20 found no blanket recusal requirement but directed the judge to keep disclosing the personal claim in cases involving that insurer.
Could a full-time family law master remain an officer of a local bar association?
West Virginia JIC Opinion 1994-19 concluded that the master should stop serving as an officer because bar members appeared in adversary proceedings, even though the association itself did not.
Could a part-time family law master serve on a public library board that did no fundraising?
West Virginia JIC Opinion 1994-17 permitted the trusteeship because the described library board role involved no fundraising.
Could a lawyer continue domestic relations practice while temporarily finishing former family law master cases?
West Virginia JIC Opinion 1994-15 allowed the practice during the narrow temporary appointment, while reserving reconsideration if the appointment or duties changed.
Could a new circuit judge remain on a legal services board and a juvenile justice committee?
West Virginia JIC Opinion 1994-14 concluded that former Canon 4C(3)(a) barred both roles because the organizations were regularly involved in adversary court proceedings.
Did legislative or governor-assigned low-number license plates on a family law master’s car violate the judicial Code?
West Virginia JIC Opinion 1994-13 found that neither type of plate would, by itself, violate the Code of Judicial Conduct.
Could a family law master hear a case where a party’s lawyer in an unrelated non-domestic matter was the master’s daughter?
West Virginia JIC Opinion 1994-12 found it was not improper for the master to hear the family-law case on the stated facts.
Could a mental hygiene commissioner hear a guardianship case after serving as guardian ad litem for that person?
West Virginia JIC Opinion 1994-11 required disqualification because the commissioner’s prior guardian ad litem role raised impartiality concerns and gave personal knowledge of disputed facts.
Must a family law master recuse from cases begun while serving as child advocate and later cases with the same parties?
West Virginia JIC Opinion 1994-10 required recusal from cases the master initiated as advocate and subsequent Child Advocate Office actions involving the same parties.
Could a chief circuit judge appoint a family law master’s spouse to a law librarian vacancy?
West Virginia JIC Opinion 1994-09 permitted the appointment if the position was filled on merit and without favoritism.
How did the Commission assess requests for judicial officers’ outside employment?
West Virginia JIC Opinion 1994-07 called for individual review under former Canon 4D and the proposed job duties, including whether the work could exploit judicial position.
Could a family law master continue serving while running for county commissioner?
West Virginia JIC Opinion 1994-06 concluded that county commissioner was a nonjudicial office and the master had to withdraw the candidacy or resign immediately.
Could a judge appoint a nephew by marriage as defense counsel or hear cases where the nephew appeared?
West Virginia JIC Opinion 1994-05 barred the judge from appointing the nephew in any matter and from sitting in proceedings where he acted as lawyer.
What could a magistrate do during a spouse’s prosecutor campaign, and what if the spouse won?
West Virginia JIC Opinion 1994-04 allowed attendance at campaign events but barred active campaign work; if the spouse became prosecutor, it required recusal from all criminal cases and related…
Could a judge speak to the county commission in support of a courthouse annex proposal?
West Virginia JIC Opinion 1994-03 permitted the judge to address the county commission about court-system needs and the administration of justice.
Could a bar association collect law-firm contributions to buy office equipment for a circuit court?
West Virginia JIC Opinion 1994-01 found no Code violation on the described facts but suggested keeping contributors’ names from the circuit judges.
Could a judge accept ownership of a family building rented by the prosecutor’s office and the judge’s law library?
West Virginia JIC Opinion 1993-24 allowed ownership only if those court-related tenants left; it also distinguished a gift to an emancipated child from one to children still in the household.
Could a judge buy a radio holiday greeting naming the judge and court staff?
West Virginia JIC Opinion 1993-23 concluded that the described paid holiday greeting was inappropriate under former Canon 2’s impropriety standard.
Could a circuit judge serve on a state college’s criminal justice program advisory committee?
West Virginia JIC Opinion 1993-22 permitted the judge to serve on the described committee under former Canon 4C.
Could a magistrate lead a paid weekly group, advise a college program, and have a spouse on a party committee?
West Virginia JIC Opinion 1993-21 permitted all three described activities under the Canons it reviewed.
Could a judge hear civil cases against a person prosecuted during the judge’s earlier prosecutor service?
West Virginia JIC Opinion 1993-20 concluded that the judge should not preside in the two described civil cases under former Canon 3E(1)(b).
Could a magistrate remain in the United Mine Workers union while operating an insurance business?
West Virginia JIC Opinion 1993-19 found union membership inappropriate under former Canon 4C(3); it did not separately decide the insurance work if Supreme Court employment approval had been obtained.
Could judicial employees solicit lawyers to fund computers owned by an association and placed in courtrooms?
West Virginia JIC Opinion 1993-18 found that the described solicitation from lawyers by judicial employees was improper under former Canon 4D(5).
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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.