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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May a senior magistrate and his son serve in the same county, and which cases must the son avoid?
West Virginia JIC Opinion 2023-13 says father and son cannot serve concurrently as magistrates in the same county. The son cannot preside over cases he actively handled as sheriff or pending cases…
May a West Virginia judge establish and participate in a Teen Court when the judge's spouse contracts with the school board?
West Virginia JIC Opinion 2023-12 finds no conflict in the described Teen Court participation despite the spouse's business contract with the county school board.
May a West Virginia senior status magistrate also work as courthouse security?
West Virginia JIC Opinion 2023-11 unanimously bars concurrent senior-magistrate and court-security service under the state constitution and judicial conduct rules.
May a West Virginia mental hygiene commissioner also serve as an assistant prosecutor in another county?
West Virginia JIC Opinion 2023-10 unanimously bars concurrent mental hygiene commissioner and assistant prosecutor service in any counties under the judicial conduct rules.
May a juvenile-referee magistrate train local law enforcement on juvenile proceedings?
West Virginia JIC Opinion 2023-09 permits the described training with participants from both prosecution and defense, subject to the chief circuit judge's approval and a neutral location.
May a court probation officer coach school track and also work part-time for the sheriff?
West Virginia JIC Opinion 2023-07 has no objection to the track coaching but bars concurrent sheriff's department work because it could appear to favor law enforcement.
Does reopening a dissolved judicial campaign only to report an advertising refund renew disclosure or recusal duties?
West Virginia JIC Opinion 2023-06 says this technical reopening alone requires neither disclosure of former committee ties nor disqualification from cases involving those members.
May a judge keep appointing lawyers to cases when one lawyer is a judicial election opponent?
West Virginia JIC Opinion 2023-05 finds no automatic disqualification and permits normal appointments, but calls for disclosure in opponent and colleague cases, and treasurer cases while the lawyer…
Must a judge step aside from a grand jury matter because a parent was a business partner of one person 26 years earlier?
West Virginia JIC Opinion 2023-04 finds no disqualification or disclosure duty on the described former partnership and prosecutor recusal facts.
How long must a judge disclose that an appearing lawyer represented the judge in a completed personal injury case?
West Virginia JIC Opinion 2023-03 requires disclosure for one year after the representation ended or the lawyer received final payment, whichever is later.
May a magistrate serve on a local library scholarship committee?
West Virginia JIC Opinion 2023-02 permits the service if solicitation, fundraising use of the magistrate’s name and interference with judicial duties stay within the stated limits.
May a judge who prosecuted prior felony convictions arraign the defendant on a recidivist information?
West Virginia JIC Opinion 2023-01 permits the arraignment under the stated necessity and time constraints; if the judge stays on the matter, the former prosecution must be disclosed.
May a West Virginia magistrate operate a part-time LLC selling consumer goods online?
West Virginia JIC Opinion 2023-08 has no objection to the described LLC if the court's Administrative Director approves it and the magistrate follows Rule 3.1, works on personal time and avoids…
May a judge hear cases involving and appoint a lawyer representing the judge’s secretary’s son?
West Virginia JIC Opinion 2022-32 finds no automatic disqualification, but requires disclosure in every case involving the lawyer and permits continued appointments under Rule 2.13.
May a mental hygiene commissioner also serve as an assistant prosecutor in another county?
West Virginia JIC Opinion 2022-31 says the two offices cannot be held concurrently, even in different counties and circuits, under Article VIII, section 7 of the state constitution.
May the state supreme court accept support for its learning center through the Bar Foundation’s own giving drive?
West Virginia JIC Opinion 2022-30 permits the arrangement because the Bar Foundation, rather than the court, solicits the donations for the educational center.
Must a judge recuse from a Hope Scholarship Act case after serving on a private school’s advisory board?
West Virginia JIC Opinion 2022-29 finds neither disqualification nor disclosure required where the judge’s child was ineligible for the voucher and the school was not a party.
Must newly appointed appellate judges recuse from cases involving the governor who appointed them?
West Virginia JIC Opinion 2022-28 finds no automatic disqualification based solely on the appointment, but calls for disclosure in governor cases for one year after taking office.
May a prosecutor running for circuit judge use “Prosecutor for Judge” as a campaign slogan?
West Virginia JIC Opinion 2022-27 rejects use of “Prosecutor” in the judicial campaign slogan because it could signal bias toward the State in criminal and abuse-and-neglect cases.
May a circuit judge’s spouse serve as a magistrate assistant in the same county?
West Virginia JIC Opinion 2022-26 says no, finding that the arrangement violates the cited Code provisions regardless of circumstances and overruling JIC Opinion 2007-07 to the extent inconsistent.
May an elected magistrate maintain a law-enforcement officer certification?
West Virginia JIC Opinion 2022-25 says a sitting magistrate may not maintain that certification because it could appear to favor law-enforcement entities appearing before the court.
May family court judges appear in charity check presentations connected to a bench-bar CLE?
West Virginia JIC Opinion 2022-23 says a judge handing a charity representative a check could appear to misuse judicial prestige; it also flags judicial names on CLE ads and involvement in choosing…
Must a judge recuse from a Hope Scholarship case because a spouse teaches preschool and the judge once proposed school tax credits?
West Virginia JIC Opinion 2022-24 finds no disqualification or disclosure duty on the spouse, relatives and earlier unadopted-legislation facts presented.
May a magistrate clerk hire someone for an administrative role soon after selling that person a house?
West Virginia JIC Opinion 2022-22 finds the proposed hiring improper because it could appear that the buyer received the job for using the clerk as a realtor.
May a family court judge also appear for pay as a television judge on an out-of-state weekly show?
West Virginia JIC Opinion 2022-21 says the judge cannot hold both roles because the show could appear to undermine court integrity and its demands could disrupt the judicial docket.
Must a former legislator recuse from an appeal about an old abortion statute after prior bills, rallies and a daughter's past job in the attorney general's office?
West Virginia JIC Opinion 2022-20 finds no disqualification or disclosure duty on the former speaker’s legislative acts, rally attendance and adult daughter’s past employment facts.
May a newly elected magistrate take office while a spouse remains the same county’s magistrate court clerk?
West Virginia JIC Opinion 2022-19 says the spouse must resign as magistrate clerk before the elected magistrate takes office, citing nepotism and apparent employment conflicts.
May an appellate court accept a law library from a dissolving firm whose lawyers are retiring?
West Virginia JIC Opinion 2022-18 permits the donated books for official use on the facts that the gift costs the court nothing and the lawyers are unlikely to appear before it.
May a judge’s law clerk volunteer on research and education for a university consumer-law center?
West Virginia JIC Opinion 2022-16 permits the described volunteer work, with no consumer representation or legal advice and no use of court time or resources.
May a circuit judge’s administrative assistant help a legislator draft a new criminal offense?
West Virginia JIC Opinion 2022-15 says the assistant may not do so because a judge could not draft or lobby for that criminal legislation without appearing to favor prosecution.
May a magistrate or immediate court staff display a resident family member’s campaign sign in the household yard?
West Virginia JIC Opinion 2022-13 says neither may place the sign, even when the candidate lives there, because the public cannot tell whose endorsement it signals.
May a magistrate’s spouse put a friend’s city-council campaign sign in their jointly owned yard?
West Virginia JIC Opinion 2022-12 says the sign should not be displayed because the public could not tell that the spouse alone endorsed the candidate.
May a chief probation officer mentor a juvenile in the Mountaineer Challenge Academy?
West Virginia JIC Opinion 2022-11 permits the mentoring if the chief probation officer is screened from any probation-officer participation in the juvenile’s criminal case.
May judicial-branch staff attorneys and law clerks answer public questions through Legal Connect or Free Legal Answers?
West Virginia JIC Opinion 2022-10 bars the proposed volunteering because the legal questions may be before a court and judges could not provide that service.
May a family court case coordinator mediate family cases on personal time in another circuit?
West Virginia JIC Opinion 2022-09 bars that outside mediation because a sitting family court judge could not do it and the same restriction applies to the judge’s case coordinator.
May a deputy magistrate clerk concurrently hold an elected city council seat?
West Virginia JIC Opinion 2022-08 says a deputy magistrate clerk cannot concurrently serve as an elected city council member.
How long must a judge disclose that an appearing lawyer served on the judge’s campaign committee?
West Virginia JIC Opinion 2022-07 requires disclosure from the lawyer’s joining the committee until one year after taking office or one year after committee dissolution, whichever is later.
May a circuit judge’s administrative assistant keep the court job while running for city council?
West Virginia JIC Opinion 2022-06 says the assistant must resign judicial employment to become a candidate for the nonjudicial council seat.
May a temporary family court judge testify as an expert in an attorney-malpractice divorce case?
West Virginia JIC Opinion 2022-05 bars the expert role while serving as a temporary judge because it could use judicial status to bolster testimony and comment on a pending matter.
Which bar leadership, vacancy-commission, travel and teaching activities may an appellate judge-elect continue?
West Virginia JIC Opinion 2022-04 permits the bar presidency until term end or oath, requires immediate departure from the vacancy panel, bars past-presidency and insurer travel after the oath, and…
May a senior-status magistrate also serve as a court-appointed condemnation commissioner?
West Virginia JIC Opinion 2022-02 permits the concurrent part-time roles on the facts that magistrate courts do not handle eminent-domain cases and the appointment comes from a judge.
When must a county commissioner nominated to an appellate judgeship leave the commission?
West Virginia JIC Opinion 2022-01 requires resignation just before the judicial oath and identifies disqualification for cases involving the county commission or its subsidiaries tied to the prior service.
Must a judge recuse from a city stormwater-fee case after serving as a city official and while residing in the city?
West Virginia JIC Opinion 2022-17 says past city service needs no disclosure or recusal; city residence requires disclosure and an opportunity for parties to object, but no automatic disqualification.
May the supreme court request learning-center funding from a charitable trust linked to a sitting justice’s family?
West Virginia JIC Opinion 2022-14 permits asking the identified family-linked trust for funds, but declines to assess other possible funders without their specific facts.
May a magistrate submit an affidavit to support an officer’s credibility in a pending federal prosecution?
West Virginia JIC Opinion 2022-03 says no: the affidavit would appear to favor law enforcement, bolster the officer and comment on a pending case.
May a family court judge or staff accept holiday tokens or gift cards from a bench-bar committee or appearing lawyers?
West Virginia JIC Opinion 2021-21 permits the gifts if their amount stays within the limit set by the West Virginia Ethics Act, while discussing Code gift and reporting rules.
May a magistrate present personally funded community-service plaques on behalf of the judicial office?
West Virginia JIC Opinion 2021-20 says no: selecting and issuing awards on behalf of the magistrate’s office would misuse the prestige of judicial office.
May a magistrate keep dues-only membership in the Fraternal Order of Police?
West Virginia JIC Opinion 2021-19 says no, even without meetings or events, because the group’s law-enforcement alignment could appear to favor prosecution.
May a judge and case coordinator join victim-safety committees that differ in whether defense lawyers participate?
West Virginia JIC Opinion 2021-18 bars their participation in RACCS, which lacked defense lawyers, but permits the judge’s participation in a children’s justice task force that included them.
May a newly appointed circuit judge continue volunteering as a high school football sideline broadcaster?
West Virginia JIC Opinion 2021-17 permits the described volunteer broadcasting because it found no apparent conflict or impropriety in the stated arrangement.
May a magistrate act as the judge in a charity’s mock jail-and-bail fundraiser?
West Virginia JIC Opinion 2021-16 says no because the public could understand that role as the magistrate soliciting donations for the charity.
May a magistrate take paid evening and weekend security work for a private business?
West Virginia JIC Opinion 2021-14 bars the proposed work because it could appear to favor law enforcement and could require testimony in criminal cases.
May a judge’s law clerk work weekends at a winery in another judicial circuit?
West Virginia JIC Opinion 2021-13 permits the described part-time winery work because it occurs on weekends and potential winery cases belong elsewhere, but requires the court administrator’s…
May a judge serve as a nonvoting ex officio member of a Community Criminal Justice Board?
West Virginia JIC Opinion 2021-11 permits the described board service because it concerns the administration of justice, provided the Supreme Court of Appeals permits the appointment.
May a circuit judge’s administrative assistant also serve as a municipal judge?
West Virginia JIC Opinion 2021-10 concludes that the administrative assistant cannot concurrently serve as a municipal judge because of the close association with the circuit judge and potential…
Which cases must a new judge avoid after working in the public defender and prosecutor offices?
West Virginia JIC Opinion 2021-09 bars the new judge from cases in which the judge participated as defender or prosecutor; it requires disclosure for colleagues’ prior matters and screening from new…
Must a judge recuse from every case involving a lawyer who is a codefendant in a pending federal suit?
West Virginia JIC Opinion 2021-08 rejects automatic disqualification but requires disclosure and applicable Trial Court Rule 17.01 procedures in each case involving the lawyer until the suit ends or…
May a judge accept an award at a public child abuse prevention ceremony?
West Virginia JIC Opinion 2021-07 permits the judge to attend the public ceremony and accept the award because the event is open to the public and the award does not appear to undermine judicial…
May a sitting judge apply to become U.S. Attorney, and when must the judge resign?
West Virginia JIC Opinion 2021-04 permits a judge to apply for U.S. Attorney without resigning, but says the judge must resign immediately upon nomination.
May a magistrate who is also an ordained minister perform weddings at the courthouse?
West Virginia JIC Opinion 2021-03 says the magistrate must stop performing weddings on courthouse property because the authority comes only from the magistrate’s ordination as a minister.
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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.