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 judicial candidate campaign alongside the wife of a county commission candidate?
West Virginia JIC Opinion 2016-12 bars the proposed joint campaigning because the public might perceive endorsement of the spouse’s husband, even if she does not campaign for him during their appearances.
May a judicial campaign committee solicit and distribute door prizes at a ticketed fundraiser?
West Virginia JIC Opinion 2016-11 permits the committee to do so if each donation is within legal contribution limits and is properly accounted for and reported.
Could a newly hired law clerk stay employed after learning a previously filed legislative candidacy could not be withdrawn from the ballot?
West Virginia JIC Opinion 2016-10 allowed continued clerk employment only if the lawyer ended campaign activity, removed signs, closed the committee, avoided interviews and disavowed the candidacy…
May a probation officer who works under circuit judges donate to a judicial campaign committee?
West Virginia JIC Opinion 2016-09 concludes that a probation officer should not donate to a judge’s or judicial candidate’s campaign committee.
May a judge’s staff member display a bumper sticker opposing a candidate for public office?
West Virginia JIC Opinion 2016-07 says the employee cannot display the proposed sticker because it would oppose a candidate contrary to Rules 2.12(A) and 4.1(A)(3).
May friends pay for a self-funded judicial candidate’s meet-and-greet when the candidate has no campaign committee?
West Virginia JIC Opinion 2016-08 rejects the friends’ payment without a campaign committee because the event is a reportable contribution and expenditure.
May a magistrate candidate canvass with a circuit clerk candidate or ride together to canvassing locations?
West Virginia JIC Opinion 2016-06 says the magistrate candidate may do neither, because the joint activity would convey public support for the other candidate.
May a judicial candidate include court staff in campaign advertising and call them a team?
West Virginia JIC Opinion 2016-05 allows voluntary staff appearances outside normal work hours but rejects a “team” campaign slogan as potentially misleading.
May a judicial campaign committee hold a dinner dance fundraiser that the candidate attends?
West Virginia JIC Opinion 2016-04 permits the committee event and candidate meet-and-greet if the candidate does not solicit money or seek to learn who contributed.
May a preacher married to a probation officer appear as a judicial candidate’s campaign spokesperson?
West Virginia JIC Opinion 2016-02 makes the candidate responsible for the advertisement’s compliance with Canon 4; it says the answer depends on its precise content and leaves future supervisory…
May a family court judicial candidate answer family law questions in campaign Facebook videos?
West Virginia JIC Opinion 2016-01 bars videos answering individual family law questions but allows discussion of general procedures and statutory calculations without legal advice or pending-case…
May an incoming family judge continue as secretary-treasurer of a nonprofit symphony?
A majority in West Virginia JIC Opinion 2016-28 permits the described role after taking office, subject to Rules 3.1 and 3.7 on outside activities and nonprofit service.
May a judge collect or coordinate donations at the judge’s office for a deceased lawyer’s family?
West Virginia JIC Opinion 2016-19 finds that either collecting donations at the office or coordinating the effort would violate Rules 3.1 and 3.7(A)(2).
May a city councilwoman who is not running for office host a judicial candidate’s meet-and-greet?
West Virginia JIC Opinion 2015-26 permits the city councilwoman to host the meet-and-greet when she is not currently running for office.
Must a judge report lawyers who signed agreements over possible overbilling of public defender services?
West Virginia JIC Opinion 2015-25 says the judge need not report based only on knowing about the agreements, absent a finding that a lawyer overbilled and acted unethically.
May a judicial candidate reuse old signs that identify a former committee or treasurer?
West Virginia JIC Opinion 2015-23 rejects using the signs as printed when their committee information is inaccurate, but permits reuse if that information is covered, cut out, or removed.
Must a new family court judge recuse from every case previously handled as a circuit court law clerk?
West Virginia JIC Opinion 2015-24 requires recusal only where the judge’s prior involvement was personal and substantial, plus disclosure of prior involvement and Trial Court Rule 17.01 procedures…
Must family court judges recuse when an attorney representing their staff associations in a pay-period writ appears before them?
West Virginia JIC Opinion 2015-19 says recusal is not automatic, but the judges must disclose the relationship in every such case while the writ is pending and follow recusal procedures if someone objects.
Must family court judges recuse when the attorney for their association’s pay-period writ appears in other cases?
West Virginia JIC Opinion 2015-18 rejects automatic recusal but requires disclosure of the relationship in every case involving that attorney while the writ is pending, followed by the cited…
May a magistrate hear criminal cases prosecuted by a step son-in-law or assistants in that prosecutor’s office?
West Virginia JIC Opinion 2015-17 precludes the magistrate from cases involving either the step son-in-law prosecutor or assistant prosecutors in that office.
May a judge tell a nonparty attorney about a credible threat learned during a judicial proceeding?
West Virginia JIC Opinion 2015-16 permits disclosure of only the threatening person’s identity and the threats to the endangered nonparty when the judge has credible information of physical harm.
May a magistrate assistant serve as an elected member of a county political executive committee?
West Virginia JIC Opinion 2015-15 concludes that a magistrate assistant cannot concurrently serve on the county political executive committee.
May a judge join a juvenile drug court treatment team for a former client whose delinquency case already required recusal?
West Virginia JIC Opinion 2015-14 calls for recusal from that juvenile’s treatment team; another judge is needed if the requester runs the drug court, but not if the requester is a noncritical team member.
May a mental hygiene commissioner serve on the federal Civil Rights Commission’s state advisory committee?
West Virginia JIC Opinion 2015-13 says the commissioner needs the Chief Justice’s approval before appointment; it declines to decide whether a court administrative employee may serve.
What procedure should a judge use after disclosing possible connections to a witness and victim in a pending case?
West Virginia JIC Opinion 2015-12 directs the judge to send a timely letter explaining the possible recusal to the Chief Justice under Trial Court Rule 17.
Must a judge recuse when an assistant prosecutor running against the judge appears in court?
West Virginia JIC Opinion 2015-11 finds no automatic disqualification when a prosecutor appears before the judge against whom the prosecutor is running; the prosecutor need not disclose the contest…
Should a judge disqualify a public defender from all cases because an ethics complaint has been made but not yet served?
West Virginia JIC Opinion 2015-10 rejects wholesale disqualification based on an unproven complaint and directs case-specific evaluation of any later motion.
May a new judge leave their name on a former firm’s materials or use its office and equipment?
West Virginia JIC Opinion 2015-09 allows the father to retain the former firm name solely for income tax purposes through year-end, but requires removal of outward practice signs, no judicial work…
Must a new judge recuse from every case prosecuted by an associate of the judge’s former law firm?
West Virginia JIC Opinion 2015-08 rejects automatic recusal but requires disclosure of the former work relationship in pending and, for a time, new cases, with Trial Court Rule 17.01 steps if a…
May a judge give law enforcement a fugitive father’s address and phone number learned in a confidential guardianship hearing?
West Virginia JIC Opinion 2015-07 concludes that the judge may not disclose the address or phone number because they are nonpublic information acquired in a judicial capacity.
Can parties waive a judge’s disqualification from juvenile matters after the judge represented the juveniles’ parents in earlier abuse and neglect cases?
West Virginia JIC Opinion 2015-06 concludes that waiver is insufficient and the judge must recuse from both juvenile matters because of the prior parental representations.
May a magistrate assistant’s cohabiting partner work as a bail bondsman in the magistrate’s area?
West Virginia JIC Opinion 2015-05 rejects the partner serving as a bail bondsman in the county or surrounding counties while the assistant works with the magistrate.
May a magistrate serve on the board of a nonprofit that provides evaluation and training services to people with disabilities?
West Virginia JIC Opinion 2015-04 permits the board service subject to former Canon 4C(3)’s limits on litigation, fundraising, and investment advice.
What legal work and teaching may an appointed magistrate continue after taking office?
West Virginia JIC Opinion 2015-02 permits limited will and deed preparation and college teaching, but rejects rental agreement drafting and legal work for the county commission.
May a magistrate’s spouse work as an independent process server in the magistrate’s county?
West Virginia JIC Opinion 2015-03 concludes that the spouse should not serve as a process server in that county while the requester is a magistrate.
Must a judge recuse from bonding matters involving bail bondsmen buying the judge’s rental properties?
West Virginia JIC Opinion 2015-01 rejects automatic recusal but requires disclosure in every matter involving the buyers or their companies during sale negotiations and while the sale is pending.
May a judge be listed as a reference on another person’s application for a judicial vacancy?
West Virginia JIC Opinion 2014-23 permits the judge’s name as a reference because the application listing is not a public endorsement of a candidate.
Must a judge continue disclosing a brief prior attorney representation after two years of consistent disclosure?
West Virginia JIC Opinion 2014-22 ends the disclosure duty on the stated facts after more than two years, so long as no factual basis requiring disclosure remains.
May a mental hygiene commissioner’s law firm colleague appear before other commissioners in guardianship cases?
West Virginia JIC Opinion 2014-21 permits it only if the requester’s appointment is limited to involuntary hospitalization, the requester has not fact-found in guardianship matters, and the…
May a judge welcome the public and introduce speakers at a free citizens law school?
West Virginia JIC Opinion 2014-20 permits the judge’s described unpaid introductory role, without answering substantive questions, under former Canon 4B.
May a judge make a public television statement about the historical significance of West Virginia’s first female U.S. senator?
West Virginia JIC Opinion 2014-19 permits a statement confined to social, cultural and historical significance without discussing names or candidacies.
May a family court judge simultaneously serve as a National Guard judge advocate?
West Virginia JIC Opinion 2014-18 says the described JAG duties constitute practicing law and preclude concurrent service as a family court judge.
May a judge be a class-action representative plaintiff concerning a family estate claim?
West Virginia JIC Opinion 2014-17 permits the judge to join the class or file a separate action, but bars service as a representative plaintiff.
May a judge be appointed special commissioner to sell property in an estate partition case?
West Virginia JIC Opinion 2014-16 rejects the appointment because it would violate the state constitution’s ban on judges accepting another public-trust appointment.
May a magistrate own and work in a pizzeria with a deputy sheriff and bail bondsman as partners?
West Virginia JIC Opinion 2014-15 says the magistrate cannot continue in office while owning the proposed pizzeria with a deputy sheriff and bail bondsman. A possible EDA loan and daily work raise…
May a judge appoint a current law clerk’s spouse to review guardianship and conservator reports?
West Virginia JIC Opinion 2014-14 permits the appointment on the stated facts, emphasizing the appointee’s nonadversarial reporting role and the judge’s familiarity with the appointee’s work.
May a judge ask the prosecutor to file adult truancy cases by information directly in circuit court?
West Virginia JIC Opinion 2014-13 advises against the judge suggesting that charging change because the request could be seen as taking on the prosecutor’s role; it declines the remaining questions.
May a magistrate attend one regional jail cost-containment committee meeting?
West Virginia JIC Opinion 2014-12 permits attendance at the described meeting on administration of justice, while cautioning against pledges about future magistrate conduct beyond faithful and…
Where may a judicial candidate park a private vehicle bearing campaign signs near a courthouse?
West Virginia JIC Opinion 2014-11 permits parking in a public spot more than 300 feet off courthouse or county premises, while citing restrictions on court-area campaign displays and election-day…
May a mental hygiene commissioner display judicial candidate campaign signs outside the commissioner’s law office?
West Virginia JIC Opinion 2014-09 advises against the display as an appearance of impropriety, despite an exemption from certain former Canon 5 political-activity provisions.
May a judge post bond for a sister administering their grandmother’s estate?
West Virginia JIC Opinion 2014-08 permits the judge to post the bond and sign the Bond Book on the stated consensual family-estate facts.
May a circuit judge preside over a case previously handled by the judge’s magistrate spouse?
West Virginia JIC Opinion 2014-07 bars the judge from cases previously handled by the spouse, while allowing other judges on the court to review the spouse’s decisions.
Which pending abuse and neglect cases may a new judge hear after serving as county prosecutor?
West Virginia JIC Opinion 2014-10 permits cases with no prior participation, but requires recusal for any participation or corresponding criminal case, plus disclosure and recusal on objection in…
May a judge join a domestic violence response team and sign its grant-support letter?
West Virginia JIC Opinion 2014-05 rejects both the judge’s team participation and the grant letter because of recurring one-sided court appearances and fundraising concerns.
May an applicant for judicial appointment also campaign and fundraise for election to the same open seat?
West Virginia JIC Opinion 2014-04 permits election campaigning and a fundraising committee once the applicant declares an election candidacy, even while the appointment application remains pending.
May a family court judge publish a family law book and receive payment?
West Virginia JIC Opinion 2014-03 permits the book and compensation subject to former Canon 4’s limits on conflicts, payment and reporting.
What should a judge do after learning of a possible lawyer conflict in a pending divorce case?
A majority in West Virginia JIC Opinion 2014-02 directs the judge to raise the discovered facts with both parties, confirm the understanding, and allow each side to respond.
May a judge serve as personal representative for a longtime friend treated as family?
West Virginia JIC Opinion 2014-01 permits the judge to administer the deceased friend’s estate, applying the former Canon’s close familial relationship definition to the described bond.
Must a judge recuse from a juvenile case involving a colleague magistrate’s stepdaughter when all parties waive a conflict?
West Virginia JIC Opinion 2013-17 says the judge need not disqualify on the stated facts.
May a mental hygiene commissioner serve as counsel or guardian ad litem in guardianship cases?
West Virginia JIC Opinion 2013-16 permits the work if the commissioner has not fact-found in guardianship matters, is appointed only for involuntary hospitalization, and recuses when a conflict develops.
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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.