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.

773 opinions · Updated October 24, 2026
773 opinions

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Could a judge serve on a juvenile detention center advisory council while hearing juvenile and facility-related cases?

West Virginia JIC Opinion 1993-17 concluded that council service was inappropriate because of juvenile proceedings and possible litigation involving the facility.

September 3, 1993

Could a judge serve without pay on a police civil service commission?

West Virginia JIC Opinion 1993-16 concluded that the service was inappropriate because the commission’s duties could lead to adversary proceedings.

September 3, 1993

Could a magistrate rent a home from a lawyer whose firm partner frequently appeared before the magistrate?

West Virginia JIC Opinion 1993-15 concluded that the rental arrangement was inappropriate under former Canon 4D(1)(b).

June 22, 1993

Could a mental hygiene commissioner also serve on a deputy sheriff’s civil service commission?

West Virginia JIC Opinion 1993-14 concluded that the two offices could not be held together under the cited state statutes and former Canon 2.

June 18, 1993

Could a judge join a county chamber of commerce and a city parks advisory committee?

West Virginia JIC Opinion 1993-13 rejected both memberships under former Canon 4C(3), citing the chamber’s member interests and the city’s criminal matters before the judge.

June 16, 1993

Could a mental hygiene commissioner continue when the commissioner’s law partner became a part-time assistant prosecutor?

West Virginia JIC Opinion 1993-11 allowed continued service under the described rural-court necessity if the partner handled no cases the commissioner would hear.

June 16, 1993

Could a lawyer continue appearing before a judge after the judge married the lawyer’s employee?

West Virginia JIC Opinion 1993-10 concluded that former Canon 3E(1) would prohibit that lawyer from appearing in the judge’s court after the marriage.

April 12, 1993

Could a court reporter rent a lawyer’s beach condominium at a large discount when the lawyer appeared before the judge?

West Virginia JIC Opinion 1993-09 barred the discounted rental under former Canon 4D(5)(h), but allowed rental at the full price.

April 12, 1993

Could a judge play the judicial role in a student trial video about drinking and driving?

West Virginia JIC Opinion 1993-08 found no ethical problem with the described educational video roles under former Canon 4B.

March 9, 1993

Could a circuit judge participate in an American Inn of Court program?

West Virginia JIC Opinion 1993-07 said the judge’s participation would not be improper on the information then available to the Commission.

March 9, 1993

Did a judge have to sell stock in a real estate company co-owned by a lawyer appearing before the judge?

West Virginia JIC Opinion 1993-05 said the judge need not divest the stock, but should recuse or refer any case in which the lawyer shareholder appeared.

March 1, 1993

Could a judge keep an indirect rental arrangement involving a lawyer appearing in court and hear a case involving the judge’s brother?

West Virginia JIC Opinion 1993-04 found the rental arrangement improper and said the judge should not hear a matter in which the brother was a party or witness.

March 1, 1993

Could a magistrate employ a sister-in-law as a magistrate assistant under the 1993 Code?

West Virginia JIC Opinion 1993-02 concluded that employing the sister-in-law would violate former Canon 3C(4).

1993

Could a judicial officer serve on a charitable organization’s board?

West Virginia JIC Opinion 1992-23 permitted the board role if the official’s activities stayed within former Canon 5B’s limits.

September 23, 1992

Could a magistrate hear criminal cases handled by the prosecutor who employed the magistrate’s spouse as secretary?

West Virginia JIC Opinion 1992-21 required disqualification unless the magistrate disclosed the relationship and the parties and lawyers independently agreed in writing that it was immaterial.

September 23, 1992

Could a new circuit judge continue serving as a legal correspondent for a local television station?

West Virginia JIC Opinion 1992-17 said the judge should not continue as a legal correspondent because the role posed dangers under the former ban on comment about pending or impending cases.

July 23, 1992

Could an incumbent judicial candidate ask court employees to make campaign speeches, or could employees endorse a candidate voluntarily?

West Virginia JIC Opinion 1992-16 forbade a judicial candidate from asking or requiring an employee to attend political functions and speak for the candidate, while recognizing the difficulty of…

July 23, 1992

Could a judge or judicial candidate serve as a delegate to a major party’s national convention?

West Virginia JIC Opinion 1992-14 said a judge or judicial candidate should not serve as a Democratic or Republican National Convention delegate.

June 30, 1992

Could a magistrate hold office in the VFW or American Legion and assist with charitable bingo?

West Virginia JIC Opinion 1992-05 permitted the officer role but barred the magistrate from the organizations’ fundraising activities.

March 31, 1992

Could a judicial candidate place the state seal above the judicial title and courthouse address on campaign material?

West Virginia JIC Opinion 1992-03 said that use of the state seal was improper because it made the campaign material appear official.

February 28, 1992

Could a judge remain in Rotary and on several nonprofit community organization boards?

West Virginia JIC Opinion 1992-02 allowed Rotary membership and board service subject to former Canon 5B’s litigation and fundraising limits.

February 7, 1992

Could a judge join a college foundation board?

West Virginia JIC Opinion 1992-01 allowed foundation membership within former Canon 5B’s limits, but prohibited the judge from soliciting funds.

February 7, 1992

Could a magistrate contribute to a county party executive committee?

West Virginia JIC Opinion 1992-15 permitted the contribution under former Canon 7A(2) if the amount complied with statute.

1992

Was a petition to modify a domestic case a new matter for a family law master whose former partner had participated in the original case?

West Virginia JIC Opinion 1991-13 said the modification petition was not a new matter, but the family law master could serve after full disclosure and consent under former Canon 3D.

November 11, 1991

Could a magistrate assistant’s spouse serve process in the same magistrate court?

West Virginia JIC Opinion 1991-12 said the spouse’s process serving in all magistrate court cases was improper under former Canon 2.

November 11, 1991

Could a judge participate in a local telethon benefiting muscular dystrophy?

West Virginia JIC Opinion 1991-11 said the described telethon participation was not permitted.

November 11, 1991

Could a retired judge practice law in a county where the judge was not eligible for recall to judicial service?

West Virginia JIC Opinion 1991-10 allowed practice in counties where the retired judge was not eligible or declined recall, and allowed recall outside counties where the judge actively practiced.

November 11, 1991

Could family law master offices accept donated furniture and equipment from nonprofit organizations?

West Virginia JIC Opinion 1991-09 reaffirmed that judicial officers should not accept nonprofit gifts of money or equipment, despite the offices’ need for furnishings.

October 18, 1991

Could a judge endorse another judicial candidate or publicly oppose a candidate judged unsuitable?

West Virginia JIC Opinion 1991-08 answered no to both questions under former Canon 7B(1) and (2).

September 30, 1991

Could a judge put a building rented to lawyers into a blind trust to avoid the conflict?

West Virginia JIC Opinion 1991-07 rejected a blind trust as an effective solution and reiterated selling the building, referring tenant lawyers’ cases, or not renting to lawyers.

July 15, 1991

What could a family law master do during a spouse’s political campaign?

West Virginia JIC Opinion 1991-05 allowed a low-profile family appearance and nonleading party membership, rejected the spouse’s bumper sticker on the master’s car, and reported an even split on…

June 19, 1991

Could a judge accept a marriage gratuity or outside office donations, or buy court equipment with personal funds?

West Virginia JIC Opinion 1991-04 barred marriage gratuities and nonprofit donations to the judge’s office, but allowed the judge to use personal resources for office equipment.

March 29, 1991

What options did a judge have when lawyers rented space in the judge’s building?

West Virginia JIC Opinion 1991-01 said the judge should sell the building, refer tenant lawyers’ matters to another circuit judge, or stop renting to lawyers.

January 22, 1991

Did a noncandidate judge’s attendance at a candidate fundraiser, or purchase of a required ticket, count as an endorsement?

West Virginia JIC Opinion 1990-10 said attending the function and buying a required ticket did not count as an endorsement.

November 5, 1990

Did the noncandidate judge endorsement ban reach judicial candidates and campaign signs on private property or cars?

West Virginia JIC Opinion 1990-09 answered yes: it barred public endorsement of judicial and nonjudicial candidates and campaign displays on private property or vehicles.

November 5, 1990

Could a judge send a recommendation letter for a criminal defendant to the sentencing judge?

West Virginia JIC Opinion 1990-07 said it would be improper for a judge to write that letter.

November 5, 1990

Did a judge have to recuse or disclose when a lawyer who prepared the judge’s will belonged to a firm with cases pending before the judge?

West Virginia JIC Opinion 1990-05 found neither recusal nor disclosure necessary on the stated facts because the will work was a one-time engagement.

September 5, 1990

Could a judge serve on a county solid waste authority, and could a family law master contribute to an individual campaign?

West Virginia JIC Opinion 1990-04 disallowed both the authority appointment and the campaign contribution.

September 5, 1990

Could a magistrate serve without pay on a nonprofit foundation board supporting a state park?

West Virginia JIC Opinion 1990-02 allowed the service if the magistrate complied with former Canon 5B’s litigation, fundraising, and investment limits.

March 6, 1990

Could a judge or judicial candidate give talks for a cancer society fundraising run?

West Virginia JIC Opinion 1990-01 prohibited participation in any part of the event that solicited funds or used judicial office prestige for that purpose.

March 5, 1990

Could a judge send a character letter for someone to the presiding federal judge?

West Virginia JIC Opinion 1989-04 said former Canon 2B’s ban on voluntary character testimony also barred the proposed character letter.

November 13, 1989

Could a circuit judge rent property to attorneys practicing in the judge’s court?

West Virginia JIC Opinion 1989-03 said the rental was improper under former Canon 5C because it created frequent financial dealings with appearing lawyers.

September 7, 1989

Could a judge record an unpaid educational interview encouraging young people to finish high school or earn a GED?

West Virginia JIC Opinion 1989-02 found no Judicial Code violation on the stated facts, including no pay, no business affiliation with the producer, and an educational purpose.

June 30, 1989

Could a judge serve as trustee of a trust created by a late uncle’s will?

West Virginia JIC Opinion 1989-01 allowed the judge to serve as trustee for the uncle’s family trust subject to former Canon 5D’s restrictions and no interference with judicial duties.

February 21, 1989

Could a judge serve on a mental health center board when the center’s evaluations came before the judge’s court?

West Virginia JIC Opinion 1988-06 said the judge should not serve on the board because the center’s work product was likely to come before the court.

September 19, 1988

Could a judge be the subject of a fundraising roast for the Make-A-Wish Foundation?

West Virginia JIC Opinion 1988-04 said the judge’s participation as the roast honoree was prohibited by former Canon 5B(2).

July 26, 1988

What should a judge do on becoming aware of unprofessional conduct by a judge or lawyer?

West Virginia JIC Opinion 1988-01 said former Canon 3B(3) placed a duty on a judge to initiate appropriate disciplinary measures, while describing its wording as directory rather than mandatory.

April 14, 1988

Did justices’ interests in public retirement systems require recusal from litigation about legislative pension credit?

West Virginia JIC Opinion 1987-03 treated the remaining justices’ potential reciprocal retirement-credit interests as remote and insufficient for disqualification, while emphasizing individual…

June 11, 1987

Did an attorney’s federal official-capacity lawsuit against all justices require their recusal from another case in which the attorney appeared?

West Virginia JIC Opinion 1987-02 found no grounds for disqualification on the stated motion and lawsuit; the mere official-capacity suit did not establish bias.

April 8, 1987

Could a judge announce election results on radio without partisan commentary?

West Virginia JIC Opinion 1986-02 declined to say the election-night commentator role was proper because it might violate former Canons 4 and 5.

October 28, 1986

Did the then-existing West Virginia Judicial Code of Ethics cover municipal or police judges and their political activity?

West Virginia JIC Opinion 1986-01 concluded that the then-existing Code and complaint rules did not place municipal or police judges within their coverage.

February 26, 1986

Could a circuit judge serve on a county Cooperative Extension Service committee reviewing its budget?

West Virginia JIC Opinion 1985-02 found the described committee role permissible under former Canon 5B and article VIII, section 7 of the state constitution.

June 7, 1985

Did a new judge have to recuse from support enforcement cases filed while the judge served as county prosecutor?

West Virginia JIC Opinion 1985-01 called for recusal from support cases filed during the judge's prosecutor tenure; it said recusal would appear to be the rule even when an assistant handled the case.

June 7, 1985

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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.

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