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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What may a judge do after receiving third-party Facebook posts about a defendant after sentencing?
West Virginia JIC Opinion 2021-02 says the judge should not review the posts, should refer the ex parte communication to both counsel, and should not contact Corrections about unverified posts.
If appointed magistrate, may a pastor continue serving a small church?
West Virginia JIC Opinion 2021-01 permits continued pastoral service, with judicial duties taking priority, ministry kept away from the bench and courthouse, and Administrative Director approval for…
When must a magistrate resign after applying for appointment to a circuit clerk vacancy?
West Virginia JIC Opinion 2021-15 permits applying while serving, but requires resignation when the application becomes public or on accepting the job, whichever comes first.
What must a judge disclose when oil and gas cases may affect the judge’s holdings?
West Virginia JIC Opinion 2021-12 directs disclosure of the judge’s oil and gas interests in all future oil and gas cases and application of Trial Court Rule 17.01 et seq. when relevant;…
Which criminal cases may a newly appointed judge hear after serving as an assistant prosecutor?
West Virginia JIC Opinion 2021-05 bars cases in which the judge participated as prosecutor, requires disclosure for colleagues’ earlier cases, and allows new prosecutor-office matters arising on or…
Must a judge recuse when a stepdaughter working at a child advocacy center is involved in a case?
West Virginia JIC Opinion 2020-27 says the judge is disqualified from matters involving the stepdaughter and must disclose their relationship in other child advocacy center cases.
May the Supreme Court pass legislative budget funds to a charity whose representatives appear in court?
West Virginia JIC Opinion 2020-26 allows a one-time transfer to correct an inadvertent budget allocation but rejects continued court-budget transfers because they would appear to favor the charity…
May a judge voluntarily write a support letter for a litigant in a pending case?
West Virginia JIC Opinion 2020-25 says a judge may not voluntarily write a support letter for a litigant in a pending or impending civil, criminal, or administrative matter, including judicial or…
Must a judge disclose or recuse when a lawyer belonged to the same fraternity at another school and time?
West Virginia JIC Opinion 2020-24 finds no required disclosure or disqualification where the judge and lawyer shared only a remote fraternity affiliation and did not know one another.
May a judge recommend a lawyer for appointment to the Workers’ Compensation Board of Review?
West Virginia JIC Opinion 2020-23 permits the reference letter if it rests on personal knowledge, is truthful, and complies with Rule 1.3’s limits on use of judicial prestige.
Must a judge recuse from school board cases when the judge’s spouse contracts to provide education services?
West Virginia JIC Opinion 2020-22 rejects automatic disqualification but requires on-record disclosure of the spouse’s school board contract and Trial Court Rule 17 procedures where applicable.
May a magistrate-elect continue as mayor or council member before taking office?
West Virginia JIC Opinion 2020-21 permits service as mayor or council member until the magistrate’s oath but bars concurrent service afterward and flags possible recusal in city cases.
May a magistrate-elect keep working as a bail bondsman until taking office?
West Virginia JIC Opinion 2020-20 requires the magistrate-elect to resign the bail bondsman position immediately to avoid apparent impropriety and further case disqualification.
May a judge host a private online makeup party and receive purchase credits?
West Virginia JIC Opinion 2020-19 permits the online party only if invitees are family or close friends whose participation would not cause disqualification from a proceeding.
May a mental hygiene commissioner also work as an assistant public defender in the same circuit?
West Virginia JIC Opinion 2020-18 says the two positions cannot be held concurrently in the described circuit, where the defender office provides backup representation in mental hygiene cases.
May a chief circuit judge appoint the judge’s law clerk as interim magistrate during unpaid leave?
West Virginia JIC Opinion 2020-17 says an unpaid leave does not make the law clerk independent enough for interim magistrate appointment and rejects a resignation or recusal used merely to evade…
What must a magistrate-elect do with a bail bond company and outstanding bonds before taking office?
West Virginia JIC Opinion 2020-16 requires immediate divestiture steps, removal from outstanding bonds before the oath and recusal from matters in which the magistrate posted bond; it advises…
May a judge draft the deed to sell the judge’s own home?
West Virginia JIC Opinion 2020-15 permits the judge to draft the deed as an uncompensated act on the judge’s own behalf that does not use judicial prestige.
May a magistrate candidate use a photo of an earlier swearing-in ceremony in campaign ads?
West Virginia JIC Opinion 2020-14 permits the photo if a written caption makes clear it depicts the candidate’s earlier magistrate service in another county and the candidate does not currently hold…
May a judicial candidate use an endorsement from a legislator who is also on the ballot?
West Virginia JIC Opinion 2020-13 permits the described Facebook endorsement from a House delegate because Rule 4.2(B)(4) allows a judicial candidate to use endorsements and the judge did not…
May an administrative assistant in a county probation office also serve as a poll worker?
West Virginia JIC Opinion 2020-12 says the probation office assistant may not concurrently serve as a poll worker in any election.
Must a family judge recuse from future matters when another judge’s assistant is related to and a witness for a party?
West Virginia JIC Opinion 2020-10 finds no disqualification on the described facts but directs full disclosure of the relationship and applicable family-court Rule 58 and Trial Court Rule 17 procedures.
May a judicial candidate or campaign committee buy a gun to raffle at a fundraiser?
West Virginia JIC Opinion 2020-09 bars the candidate from buying the gun and bars purchase with campaign funds, but permits the committee to raffle a gun donated to the campaign.
May a judge nominate a prosecutor in a contested reelection campaign for a military award?
West Virginia JIC Opinion 2020-06 bars the nomination while the prosecutor runs in a contested primary because the public might read it as a judicial endorsement.
May a judge sign a letter urging a senator to vote against presidential impeachment?
West Virginia JIC Opinion 2020-05 says the judge must not sign the letter because it could appear to use judicial office to influence the senator, support the president’s election, and interfere…
May a police chief running for magistrate use uniform photos or campaign while on police duty?
West Virginia JIC Opinion 2020-04 rejects uniform photos and on-duty campaigning because they could imply favoritism toward law enforcement, but permits truthful mention of police experience.
May a justice recruit people for an endowment fundraising committee without personally soliciting donations?
West Virginia JIC Opinion 2020-03 permits recruiting lawyers and others for the committee, but requires disclosure of relationships with its members in pending court matters.
Must a senior status magistrate resign to run for another judicial office?
West Virginia JIC Opinion 2020-02 says a senior status judicial officer may retain the current position while running for judicial office; resignation is required for a nonjudicial office campaign.
Must a judge recuse after receiving a confidential federal investigation letter about a party in a pending case?
West Virginia JIC Opinion 2020-01 says the ATF letter was an ex parte communication and, because its confidential content could not be disclosed to the parties, the judge had to recuse.
May a magistrate also serve as an EMT or volunteer firefighter?
West Virginia JIC Opinion 2020-28 says a magistrate cannot concurrently serve as an EMT or volunteer firefighter because the roles could cause frequent disqualification and appear to favor first…
May a judicial campaign give unused donated raffle baskets to needy people after a canceled fundraiser?
West Virginia JIC Opinion 2020-11 permits the campaign committee, but not the candidate personally, to give away the donated baskets after obtaining donor permission.
May a magistrate pay to have the magistrate’s name on shirts for a school playground fundraiser?
West Virginia JIC Opinion 2020-08 says the magistrate’s name cannot appear on the shirts because people could view it as solicitation of donations for the school.
May a family court judge donate beef to a domestic violence shelter whose staff and residents appear in court?
West Virginia JIC Opinion 2020-07 rejects the shelter donation because it could appear to favor its court participants, while permitting donation to a neutral charity such as a local food bank.
May a judge’s existing real estate LLC rent former law office space to a new lawyer tenant?
West Virginia JIC Opinion 2019-28 permits this limited rental arrangement with recusal from the tenant firm’s cases, public disclosure, income reporting, and divestiture if frequent recusal develops.
May a judge join a foundation’s criminal justice grant advisory group as a nonvoting member?
West Virginia JIC Opinion 2019-27 permits nonvoting ex officio service as a nonlegal advisor; the judge may wish to reconsider the role if disqualification becomes likely.
May a judge appoint a brother-in-law or his partner as guardian ad litem and hear their cases?
West Virginia JIC Opinion 2019-26 bars both appointments, requires recusal in matters involving the brother-in-law, and requires disclosure when his partner appears.
May a judicial candidate use publicly available court photographs in campaign materials?
West Virginia JIC Opinion 2019-25 permits use of publicly available court photos if other judges or candidates are removed or a visible disclaimer negates any implied endorsement.
Can a person with a misdemeanor domestic assault conviction serve as a West Virginia magistrate?
West Virginia JIC Opinion 2019-23 concludes that misdemeanor domestic assault involves moral turpitude under W. Va. Code § 50-1-4 and disqualifies the requester from serving as a magistrate.
What campaign activity may a judge undertake when the judge’s spouse runs for governor?
West Virginia JIC Opinion 2019-22 allows attendance at fundraisers outside the marital home and limited appearance in campaign images, but bars a home fundraiser, parade appearance, or campaign…
May a judge discuss unresolved criminal cases from other states on a national podcast?
West Virginia JIC Opinion 2019-21 rejects the proposed podcast appearance because those cases could later come before a court and commentary could violate Rule 2.10.
When may one judge mediate another judge’s pending case in a local program?
West Virginia JIC Opinion 2019-20 says judicial mediation must be an official duty; a multi-judge circuit could establish that role by administrative order sanctioned by the Chief Justice, or by…
Must a justice recuse from a petition involving a witness once assisted by the justice’s congressional office?
West Virginia JIC Opinion 2019-19 finds no recusal required where a congressional staffer merely passed one constituent inquiry to a state agency and the justice had no personal or substantial involvement.
May a magistrate candidate claim to have served as an assistant prosecutor when never licensed to practice law?
West Virginia JIC Opinion 2019-18 bars the “assistant prosecutor” claim as materially misleading but permits describing the earlier work as an internship or clerkship.
Must a judge recuse after appointing a litigant’s spouse as magistrate while the case is pending?
West Virginia JIC Opinion 2019-17 requires disqualification because the judge appointed the litigant’s spouse and directly supervises that magistrate in a single-judge circuit.
When must a judicial candidate disavow a false statement by an independent PAC?
West Virginia JIC Opinion 2019-15 says a disavowal duty arises for a known, significant factual falsehood or material misrepresentation; a timely press release and prompt cease-and-desist letter…
May a judge speak to reporters about an abuse case backlog while a related show-cause order is pending?
West Virginia JIC Opinion 2019-16 says Rule 2.10(A) bars the judge from commenting on the matter while the show-cause proceeding remains pending.
May a magistrate teach paid handgun safety classes outside court hours?
West Virginia JIC Opinion 2019-14 permits the classes if they do not interfere with magistrate duties, with screening for pending cases, recusal where appropriate, and annual income reporting.
May a judge submit an immigration affidavit and testify about a son’s marriage?
West Virginia JIC Opinion 2019-13 permits factual affidavit and testimony based on the judge’s personal knowledge, but bars using judicial letterhead.
May a circuit judge remain president of a community center nonprofit and help its fundraising?
West Virginia JIC Opinion 2019-12 permits continued board presidency but bars signing legal agreements, rental negotiations, check authority, most solicitation, and donation press events; it…
May a magistrate hold a yard sale of personal household goods at home?
West Virginia JIC Opinion 2019-11 permits the personal yard sale if it is not raising money for charity.
May friends create an animal-rescue fund in a judge’s name and solicit birthday donations?
West Virginia JIC Opinion 2019-10 rejects the ongoing judge-named fund but permits a one-time donation in the judge’s honor if neither judge nor spouse solicits and an appearing lawyer does not contribute.
Should a justice recuse from a right-to-work appeal after publicly supporting that law as a legislator?
West Virginia JIC Opinion 2019-09 calls for voluntary recusal because the justice’s prior public support could cause a well-informed observer to see bias toward the law’s constitutionality.
May a magistrate own and help manage a local pawn shop while hearing cases?
West Virginia JIC Opinion 2019-08 says the magistrate must divest the pawn shop immediately and give the Administrative Director proof because ownership creates an appearance of impropriety and…
When may a mental hygiene commissioner’s law partner appear in a guardianship case before another commissioner?
West Virginia JIC Opinion 2019-07 permits the appearance only if the limits from JIC Opinion 2014-21 are met, including restricted commissioner authority, no guardianship fact-finding, and recusal…
Must a state delegate resign to run for magistrate or after winning before taking the oath?
West Virginia JIC Opinion 2019-06 permits a delegate to retain the legislative seat while campaigning and, if elected, until the magistrate’s oath, subject to the judicial candidate rules.
May a judge’s spouse work as a poll worker in a nonpartisan municipal election?
West Virginia JIC Opinion 2019-05 permits the spouse to serve as a municipal poll worker and declines to extend an earlier bar on a judge’s secretary to spouses.
May a judge tell a respondent’s prospective jail employer about a drug test learned in a confidential case?
West Virginia JIC Opinion 2019-04 bars direct disclosure to the employer, but permits directing the respondent to disclose and later requiring testimony and proof that the respondent complied.
May a magistrate serve on a county fire board promoting a new fire-service fee?
West Virginia JIC Opinion 2019-03 bars the board service because it could appear to use judicial prestige on a political fee question, involve fundraising, and conflict with fee cases in magistrate court.
May a newly appointed judge receive capital and profit payments owed by a former law firm?
West Virginia JIC Opinion 2019-01 permits both contract payments during the firm withdrawal, with disclosure and Trial Court Rule 17 procedures in cases involving the former firm while payments continue.
May a family judge use children’s testimony from one related case in another involving their mother?
West Virginia JIC Opinion 2019-24 permits use of child-related information across two related cases. It also permits the second father to view in camera testimony after the judge tells all parties…
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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.