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 circuit clerk who is not on the same ballot serve as a justice’s campaign treasurer?
West Virginia JIC Opinion 2019-02 permits the circuit clerk to serve as treasurer because the clerk was not running in that election, so the appointment would not imply an endorsement of the clerk’s…
May a judge hire the sister-in-law of the judge’s spouse’s first cousin as magistrate court clerk?
West Virginia JIC Opinion 2018-21 permits the merit-based appointment because the candidate falls outside the Code’s third-degree nepotism definition.
May a judge wear a robe and judicial title in an education department video about truancy measures?
West Virginia JIC Opinion 2018-19 permits participation, identification as a judge, and the robe because the education department video concerns measures that benefit the legal system.
May a suspended judge prepare a return to the bench through docket and staff meetings before suspension ends?
West Virginia JIC Opinion 2018-18 bars all proposed transition activity during the suspension and says the judge cannot resume bench duties until the outstanding fine is fully paid.
May a delegate who voted on judicial impeachment apply or run for a vacancy on the Supreme Court?
West Virginia JIC Opinion 2018-17 finds no Canon 4 impediment to the delegate applying or running for a Supreme Court seat after the House impeachment vote moved to the Senate.
When must a judge’s law clerk resign to run for partisan nonjudicial office?
West Virginia JIC Opinion 2018-16 requires immediate resignation when the clerk first publicly announces the decision to run or files precandidacy papers.
Must a family judge report a self-represented lawyer’s positive drug test from a confidential custody case?
West Virginia JIC Opinion 2018-15 finds no current duty to breach Family Court confidentiality and report the test to Lawyer Disciplinary Counsel, while leaving later action open if further facts emerge.
May a former police officer serving as magistrate remain in law enforcement associations?
West Virginia JIC Opinion 2018-14 bars membership in the Fraternal Order of Police, Deputy Sheriffs Association and Chiefs of Police while serving as magistrate because it could appear to favor law…
May a judicial candidate discuss her brother’s murder while the convicted defendant has a pending habeas petition?
West Virginia JIC Opinion 2018-13 permits a general account of the murder and its influence on the candidate’s career, without names or many facts, but rejects discussing the case in great detail…
May a newly elected circuit judge retain employees to wind down a law practice after taking office?
West Virginia JIC Opinion 2018-12 permits the judge to retain two employees for the described winding up, given the immediate transition and safeguards against appearing to practice law as a judge.
May a sitting magistrate buy a building and rent offices to lawyers who seldom appear in magistrate court?
West Virginia JIC Opinion 2018-11 rejects the magistrate’s proposed purchase and rental because it could create a recusal situation; a family member may buy it if the magistrate receives no…
Does the Judicial Conduct Code add restrictions on using leftover funds from an earlier campaign for a judicial run?
West Virginia JIC Opinion 2018-10 finds no additional Code limit on the proposed use and directs the candidate to follow the Secretary of State’s advice on state election law.
Does a judicial conduct rule govern political signs in a building lobby outside the family court’s leased floors?
West Virginia JIC Opinion 2018-09 finds the question outside the Judicial Conduct Code because the signs are on floors the court does not occupy and the judge does not control; it refers the issue…
May a judge sell personal items at a neighborhood block yard sale?
West Virginia JIC Opinion 2018-08 finds no Judicial Conduct Code violation when the judge joins a block yard sale to sell only personal items for personal gain.
May a sitting judge campaigning for election attend a fundraiser for a domestic violence program used in court cases?
A majority in West Virginia JIC Opinion 2018-06 rejects attendance at the specified program’s fundraising event, citing its recurrent connection to cases before the court and impartiality rules.
May a circuit judge candidate remain president of a plaintiffs’ lawyers association during the campaign?
West Virginia JIC Opinion 2018-05 requires the candidate to resign immediately as president of the West Virginia Association for Justice while running for circuit judge.
May a judge serve as executor for a great-nephew’s estate and accept the statutory fee?
A majority in West Virginia JIC Opinion 2018-04 permits service for the great-nephew’s estate and the statutory compensation, with the compensation reported on the judicial extrajudicial form.
Must a magistrate assistant resign to run for circuit clerk?
West Virginia JIC Opinion 2018-03 requires the assistant to resign immediately if she chooses to run for circuit clerk.
May a candidate for the House of Delegates also serve as treasurer of a judicial candidate’s campaign?
West Virginia JIC Opinion 2018-02 rejects concurrent service because voters could perceive the judicial candidate as endorsing the treasurer’s legislative campaign or views.
May a judicial candidate use PAC endorsements, and how does this opinion address improper PAC ads?
West Virginia JIC Opinion 2018-22 permits PAC endorsements and independent ads but calls for disavowal and a cease-and-desist request for false, misleading, role-distorting or bias-implying statements.
May a court vendor pay for a judge and court employees to visit its offices for e-filing training?
A majority in West Virginia JIC Opinion 2018-07 permits the trip with the existing court vendor to improve the statewide system, provided costs are reasonable and the judge reports their total value…
May a judge serve as conservator for an aunt and administrator of an uncle’s estate and receive a statutory fee?
West Virginia JIC Opinion 2017-24 permits both family fiduciary roles and statutory compensation on the stated facts, with compensation reported on the judicial extrajudicial form.
May a magistrate also serve as a county fiduciary commissioner?
West Virginia JIC Opinion 2017-23 bars the concurrent role because the commissioner’s estate-supervision duties and resulting case conflicts are prohibited by Rule 3.8.
May a judge privately discuss a criminal defendant’s competency evaluation with the appointed evaluator?
West Virginia JIC Opinion 2017-22 finds the proposed private conversation improper under Rule 2.9 and directs a competency hearing with notice to counsel of the evaluator’s request to speak.
Must a family judge recuse from every case involving the lawyer representing the judge’s daughter in her divorce?
West Virginia JIC Opinion 2017-21 rejects automatic disqualification, but calls for disclosure of the relationship on the record and use of Trial Court Rule 17 where applicable.
May a judge accept appointment to a public university’s board of governors?
West Virginia JIC Opinion 2017-18 rejects the appointment under the state constitutional bar on another public-trust office and Judicial Conduct Rule 3.4.
Does a judge violate the Judicial Conduct Code by rejecting disciplinary counsel’s informal view on assistant public defender conflicts?
West Virginia JIC Opinion 2017-17 says a judge may apply a sincerely held interpretation of unsettled conflict law even if it differs from disciplinary counsel’s informal view; such a decision does…
Does a party’s suit against a judge in official capacity or ethics complaint automatically disqualify the judge?
West Virginia JIC Opinion 2017-16 rejects automatic disqualification in either situation, but calls for disclosure on the record and Trial Court Rule 17 procedure where applicable.
May a judge dance in a charity contest where the public pays to vote for contestants?
West Virginia JIC Opinion 2017-15 rejects the judge’s participation because paid public votes for the judge’s dance team would raise funds.
May a judge hear cases involving a lawyer who rents office space from the judge’s spouse?
West Virginia JIC Opinion 2017-14 disqualifies the judge from cases involving the lawyer who rents commercial space from the judge’s wife.
Must a judge recuse from future cases involving a former judge whose discipline named the judge as a witness?
West Virginia JIC Opinion 2017-13 rejects automatic disqualification from future cases, but calls for full disclosure of the relationship and applicable Family Court Rule 58 and Trial Court Rule 17…
Must a family judge recuse whenever a former law-firm colleague, former client and campaign committee member appears?
West Virginia JIC Opinion 2017-12 rejects automatic disqualification for the described BCSE lawyer, but requires full disclosure of the relationship and applicable Family Court Rule 58 and Trial…
May a judge ride in a charity motorcycle fundraiser chaired by the judge’s spouse?
West Virginia JIC Opinion 2017-11 permits the spouse to chair the event and the judge to ride, subject to Rules 3.1 and 3.7 on outside activity and fundraising.
May a family judge hear cases or appoint guardians ad litem from the firm that represented the judge before taking office?
West Virginia JIC Opinion 2017-10 permits those cases and proportionate guardian appointments, with disclosure of the prior representation and an opportunity for parties to object.
Must a new family judge recuse from every case involving someone the judge previously prosecuted?
West Virginia JIC Opinion 2017-08 rejects blanket disqualification, but calls for full disclosure in each such case and Trial Court Rule 17 procedures when applicable.
May a judge run for a church parish council seat or serve on its finance committee?
West Virginia JIC Opinion 2017-07 permits either role, subject to judicial duties taking precedence and the limits in Rules 3.1 and 3.7(A)(2), (6).
Must a judge recuse from all prosecution cases after the judge’s daughter joins the prosecutor’s office?
West Virginia JIC Opinion 2017-06 requires recusal when the daughter had any involvement, but permits cases handled solely by other prosecutors with full relationship disclosure and applicable Trial…
Does a judge endorse a son-in-law’s campaign when the judge’s daughter places a banner at her business?
West Virginia JIC Opinion 2017-05 finds no Rule 4.1(A)(3) violation where the daughter chiefly owns the business and the judge has no involvement in it.
May a new judge hear former guardian ad litem cases or cases involving lawyers renting the judge’s former office?
West Virginia JIC Opinion 2017-04 bars the judge from former guardian cases, but permits cases involving the office tenants with disclosure and Trial Court Rule 17 procedure for the next six months.
May a magistrate write a social-work thesis on community responses to domestic violence while hearing such cases?
West Virginia JIC Opinion 2017-03 permits the thesis within the cited Code limits, allowing procedure and statistics but no views on specific facts or pending or impending matters.
May a magistrate sit on the board of a city-owned nonprofit hospital whose personnel may appear in court?
West Virginia JIC Opinion 2017-02 bars the board service because hospital personnel may regularly appear as witnesses or in fee cases before the magistrate and circuit courts.
May a circuit judge hear pending cases in which the judge’s spouse serves as guardian ad litem?
West Virginia JIC Opinion 2017-01 bars the judge from presiding over any case in which the spouse appears as guardian ad litem.
May a family judge hear a later case involving parties for whom the judge formerly served as mediator?
West Virginia JIC Opinion 2017-09 bars the judge from later matters involving the same mediated issues; unrelated issues may be heard after disclosure and an opportunity to seek recusal.
May a judge join a governor-elect’s volunteer brainstorming forum on substance abuse?
West Virginia JIC Opinion 2016-33 permits participation in the stated volunteer forum as incidental service under Rule 3.4 and the state constitutional office-holding provision.
May a West Virginia senior status judge appear in a Virginia tribunal for a law firm client while remaining a senior judge?
West Virginia JIC Opinion 2016-32 says the judge cannot both retain senior status and appear for the firm’s client before a Virginia tribunal; representing the client requires resigning senior…
May a West Virginia senior status judge represent a son in criminal matters?
A majority in West Virginia JIC Opinion 2016-31 permits representation in both matters if the judge has met the requirements for returning to active law practice, treating it as limited practice…
May a family judge speak with a court-appointed guardian ad litem outside the parties’ presence?
West Virginia JIC Opinion 2016-30 calls for party consent in most cases, while recognizing that a guardian may need a prompt ex parte disclosure when a child faces a high risk of probable harm.
May an incoming family judge remain on boards for a group home, housing partnership and campus ministry?
A majority in West Virginia JIC Opinion 2016-29 permits continued service on all three boards on the stated facts, with judicial duties taking priority.
May an incoming judge continue as a compensated trustee of a charitable lead trust?
West Virginia JIC Opinion 2016-27 permits continued trustee service and quarterly pay, with disclosure of trust-related attorney relationships if those lawyers appear before the judge.
May a judge request the prosecutor’s list of proposed grand jury defendants and charges before a session?
West Virginia JIC Opinion 2016-26 finds the advance request appropriate to facilitate the grand jury process and preside over its report.
May a former county prosecutor serve as drug court judge when former prosecution cases enter the program?
West Virginia JIC Opinion 2016-25 permits the role under a limited necessity exception. In cases prosecuted during the judge’s elected-prosecutor tenure, the judge cannot preside over a criminal…
May a judge hear county council civil cases when the judge’s daughter is prosecutor but separate counsel handles the cases?
West Virginia JIC Opinion 2016-23 permits those civil matters because independent county counsel handles them, but requires disclosure of the daughter’s prosecutor role and applicable Trial Court…
May a departing judge advertise a future law practice before leaving office and mediate cases once presided over?
West Virginia JIC Opinion 2016-21 permits limited advance advertising that clearly delays practice until after the judge leaves office, but bars mediation of cases the judge formerly presided over.
When may a newly elected judge hear pending abuse and neglect or drug court matters after serving as prosecutor?
West Virginia JIC Opinion 2016-20 permits specified matters without prior involvement after disclosure, but its drug court holding was later modified by JIC Opinion 2016-25.
May a judicial campaign donate surplus funds to the bar association for the judge’s courthouse portrait?
West Virginia JIC Opinion 2016-18 rejects the proposed donation because it is outside permitted uses of excess campaign funds under the Code and state law.
May a judicial employee publicly oppose a proposed LGBT-protection ordinance at a council meeting?
West Virginia JIC Opinion 2016-17 finds the proposed public opposition improper under the cited Code rules and says the Commission cannot decide employee sanctions.
May a magistrate-elect ride in a charity fundraiser that solicits donations?
West Virginia JIC Opinion 2016-16 permits riding as an individual, without magistrate-elect promotion or public solicitation; personal requests are limited to family and judges outside the…
May a judge keynote a domestic violence program luncheon when the program regularly receives court referrals?
West Virginia JIC Opinion 2016-15 rejects the keynote role because the group represents one interest in a field of law and its members may appear recurrently before the judge.
Which cases may a newly elected judge hear after continuing as an assistant prosecutor until taking office?
West Virginia JIC Opinion 2016-14 permitted screened post-election cases and barred pre-election office matters, but JIC Opinion 2016-20 later overruled inconsistent portions of that analysis.
Must a judge report stock dividends, proceeds from inherited property and Social Security benefits on the judicial disclosure form?
West Virginia JIC Opinion 2016-13 finds those receipts outside extrajudicial compensation under Rule 3.15 and says they need not be reported on that judicial form.
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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.