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 magistrate volunteer as a tutor in a nonprofit youth empowerment program?
West Virginia JIC Opinion 2013-15 permits the volunteer work if the magistrate complies with former Canon 4C(3) and obtains the circuit chief judge’s prior approval.
May a county bar honor a retiring judge by raising money for Legal Aid of West Virginia?
West Virginia JIC Opinion 2013-13 permits the fundraising only if planning, solicitation, and collection occur after the judge retires and is no longer subject to the Code of Judicial Conduct.
What must a judge disclose in agency cases when the judge’s spouse is suing that agency?
West Virginia JIC Opinion 2013-12 directs the judge to disclose the spouse’s lawsuit in every WVDHHR case and follow Trial Court Rule 17.01 if a party objects; it gives separate procedural options…
May a new judge keep an interest in a real estate company and lease or sell an office building to a former firm?
West Virginia JIC Opinion 2013-11 permits the judge to keep the 25% company interest until the property sells, requires divestment if the business expands, and permits a lease or owner-financed sale…
May a magistrate’s spouse work as a bail bondsman before other judicial officers?
West Virginia JIC Opinion 2013-10 finds it improper for the magistrate’s spouse to work as a bail bondsman while the requester serves as a magistrate, even if the spouse avoids the requester’s court.
May a judicial officer serve on a volunteer fire board and use a ticket earned by a spouse’s volunteer work?
West Virginia JIC Opinion 2013-09 permits fire-board service within former Canon 4C(3) and use of the spouse’s extra volunteer ticket if it could not reasonably be seen as intended to influence…
Must a judge recuse or disclose when a lawyer who once served as co-counsel and supported the campaign appears?
West Virginia JIC Opinion 2013-08 permits the judge to hear the lawyer’s other cases without disclosing their limited past relationship, except for matters in which they served together as co-counsel.
May a drug court judge who is also a mental hygiene commissioner chair a day report center board?
West Virginia JIC Opinion 2013-07 bars the proposed board service because day report officers regularly participate in court proceedings and take adverse positions in violation hearings.
What did the Commission say a judge should do when subpoenaed as a character witness by an attorney facing charges before that judge?
West Virginia JIC Opinion 2013-06 directs the judge to move promptly to quash the subpoena and disqualify from the attorney’s state criminal case on the stated facts.
Can parties waive a judge’s disqualification from an appeal in a matter the judge previously heard as a family judge?
West Virginia JIC Opinion 2013-05 concludes that party waiver cannot overcome disqualification from an appeal involving a matter over which the judge previously presided as a family court judge.
Must a judge recuse or disclose when a school board funds a court-employed probation officer?
West Virginia JIC Opinion 2013-04 finds no recusal or disclosure necessary in Board of Education cases because the board has no supervisory authority over the probation officer, who remains a court…
May a judge hear cases involving firms that employ the judge’s daughter and her fiancé?
West Virginia JIC Opinion 2013-03 bars the judge from cases directly involving the daughter or fiancé but permits other lawyers at their firms to appear if the judge discloses both relationships and…
May a justice hear an unrelated case argued by attorneys who briefly represented the justice before election?
West Virginia JIC Opinion 2013-02 permits the justice to hear the unrelated case but requires disclosure of the prior attorney-client relationship to all parties and an opportunity to object.
May a magistrate remain on a county emergency ambulance authority board?
West Virginia JIC Opinion 2013-01 precludes the magistrate from board service because ambulance personnel regularly appear as witnesses in injury cases.
May a new judge finish and bill for an unfinished hearing-examiner decision from before taking office?
West Virginia JIC Opinion 2012-24 says a sitting judge may not draft the paid recommended decision because that would be prohibited practice of law under former Canon 4G.
May a magistrate hear cases brought by deputies when the magistrate’s father is sheriff?
West Virginia JIC Opinion 2012-22 requires disclosure in sheriff’s-office cases, disqualification when the father participates, Brown procedures for deputies’ cases without his involvement, and a…
What did the Commission direct a judge to do with anonymous cash and a note received at the courthouse?
West Virginia JIC Opinion 2012-23 directs the judge to notify Court Security and the county sheriff and turn over the note and $20 bill as potential evidence.
Must a judge recuse from every juvenile case involving a unit supervised by the judge’s companion?
West Virginia JIC Opinion 2012-21 rejects automatic disqualification for mere supervision but requires disclosure in each juvenile case involving the companion’s unit and Rule 17.01 steps if someone…
May a magistrate candidate participate in a local school debate?
West Virginia JIC Opinion 2012-20 says participation is not itself a Canon 5 violation, while the candidate’s statements remain subject to the former Canon’s limits on endorsements, pledges,…
Do domestic violence protective orders against a non-incumbent judicial candidate establish an ethics violation, and must a judicial officer report it?
West Virginia JIC Opinion 2012-19 says the conduct may violate the Code but makes no finding without a complaint, investigation, and evidence review; it directs the requesting judicial officer to…
May a part-time mental hygiene commissioner also serve as an appointed part-time municipal judge?
West Virginia JIC Opinion 2012-18 permits the concurrent service subject to case conflicts and overrules inconsistent Opinion 07/03/2007; it declines the separate truancy representation question.
May a judicial candidate’s committee hold a golf fundraiser and may the candidate attend?
West Virginia JIC Opinion 2012-17 permits the committee fundraiser and candidate attendance when contributors remain unknown, but bars attendance at an outing with individual hole sponsors likely to…
May a judge recommend an applicant for appointment to a judicial vacancy?
West Virginia JIC Opinion 2012-16 permits a letter only if it is not a public endorsement, is used solely by the appointing authority, and can remain confidential; the opinion also quotes a statute…
May a part-time city attorney also serve as a part-time mental hygiene commissioner?
West Virginia JIC Opinion 2012-15 permits the concurrent roles, subject to case conflicts and former Canon 6C’s limits on related legal representation.
May a circuit judge’s full-time law clerk also serve as a paid mental hygiene commissioner?
West Virginia JIC Opinion 2012-14 bars the concurrent service, reasoning that the clerk’s close work with the judge raises an appearance concern and that the judge could not hold both positions.
May a judge’s law clerk contribute to a former Kentucky Supreme Court employer’s reelection campaign?
West Virginia JIC Opinion 2012-13 permits the clerk’s contribution, subject to the separation and noninvolvement restrictions it takes from an earlier opinion on judicial relatives.
How may a magistrate candidate support and attend a civic charity fundraiser?
West Virginia JIC Opinion 2012-12 allows committee donations and a campaign basket door prize, or personal donations without candidate branding; it bars raffle fundraising work but allows attendance…
May a judicial candidate’s treasurer collect contributions through a PayPal button on the campaign website?
West Virginia JIC Opinion 2012-11 permits a campaign committee PayPal button, while requiring reasonable contributions and compliance with applicable legal limits.
May a family court judge transmit a guardian’s report of alleged misuse of children’s funds to circuit court?
West Virginia JIC Opinion 2012-10 finds good cause to disclose the alleged misuse and says the judge should order the investigating guardian ad litem to give the information to circuit court.
May a judge recommend a departing law clerk on official letterhead without marking the letter “personal and unofficial”?
West Virginia JIC Opinion 2012-09 allows a recommendation based on the judge’s personal knowledge of the clerk and says official letterhead no longer needs the “personal and unofficial” notation.
Which political and civic posts must a magistrate candidate leave?
West Virginia JIC Opinion 2012-07 requires immediate departure from a Democratic women’s political group and CASA, resignation as sportsmen’s-club membership chair, and permits two other civic or…
Must a mental hygiene commissioner resign on becoming a House of Delegates candidate, and can the commissioner continue as substitute drug court judge?
West Virginia JIC Opinion 2012-06 requires resignation on announcing the nonjudicial candidacy and rejects appointment solely to continue substitute drug court judging during the election.
What campaign role may a magistrate candidate’s probation-officer spouse take, and may he stay employed if she wins?
West Virginia JIC Opinion 2012-08 applies the candidate conduct standards to the spouse and additional judicial-employee limits; it leaves any post-election reassignment to the circuit’s chief judge.
May a judicial candidate loan money to the campaign committee and be repaid from later contributions?
West Virginia JIC Opinion 2012-04 permits the loan and committee repayment from campaign funds, provided the candidate does not learn the source of each contribution; the committee sets repayment…
Must a magistrate resign immediately to run for sheriff, and may the candidacy be announced outside the courthouse?
West Virginia JIC Opinion 2012-03 requires immediate resignation on announcing the sheriff candidacy and finds no Code bar to announcing on a public street or sidewalk outside magistrate court.
Must a city council member resign from council to run for magistrate?
West Virginia JIC Opinion 2012-02 allows the council member to remain while campaigning for magistrate but requires resignation from council if elected.
May a judge volunteer as an auxiliary coach for a child’s school team after board approval?
West Virginia JIC Opinion 2011-23 permits the unpaid coaching role but bars the judge from presiding over cases involving the approving county board of education.
May a mental hygiene commissioner or the commissioner’s partners represent guardianship petitioners in the counties served?
West Virginia JIC Opinion 2011-22 bars the commissioner’s own representation but permits partners under a narrow necessity exception when a circuit judge finds facts and the commissioner has not…
How should judges handle vouchers and recusal after learning of alleged misconduct by a frequent courtroom attorney?
West Virginia JIC Opinion 2011-21 says to refuse vouchers whose validity is doubted, scrutinize charges, and recuse if likely a material witness or if impartiality is reasonably in question.
How should a newly appointed judge unwind property, fees, and insurance shared with a former law partner, and may the judge serve on a foundation board?
West Virginia JIC Opinion 2011-19 directs sale of the shared office interest and severance of reciprocal insurance by January 2013, allows earned fees to be collected before closing the account, and…
Does an attorney’s county commission membership create a conflict whenever that attorney appears before circuit judges served by the county?
West Virginia JIC Opinion 2011-18 finds no conflict from the county commission’s statutory provision of court space and equipment when the commissioner appears as an attorney before circuit court.
May a magistrate hear cases involving an attorney who employs the magistrate’s granddaughter?
West Virginia JIC Opinion 2011-16 calls for disclosure whenever the attorney appears; without objection the magistrate may continue, and with objection the magistrate may voluntarily recuse and send…
May a magistrate volunteer for an informal city water-system advisory committee?
West Virginia JIC Opinion 2011-15 advises against service because the city is likely to be involved in proceedings before the magistrate or other courts, despite the committee’s lack of formal…
May a circuit judge hear an abuse case involving parents the judge encountered earlier as family court judge?
West Virginia JIC Opinion 2011-12 says the judge may continue where no party objected and the matters differed, but should consider disqualification in light of prior Supreme Court directions.
May a magistrate participate in a homemaker-services business with a spouse and another couple?
West Virginia JIC Opinion 2011-11 allows participation only within former Canon 4D(3)’s closely held business limits and notes possible separate court administration consent for outside work.
May a magistrate serve as a community member of a county extension service advisory committee?
West Virginia JIC Opinion 2011-10 permits service on the described county extension service committee under former Canon 4’s civic activity limits.
May a judge’s spouse remain president and CEO of a hospice that raises funds?
West Virginia JIC Opinion 2011-09 permits the spouse to remain in the role if the judge stays entirely separate from the hospice fundraising activities.
May a magistrate make recurring donations to a county Democratic organization’s headquarters?
West Virginia JIC Opinion 2011-08 says former Canon 5C(1)(a)(iii) permits a contribution to the described political organization, subject to the Canon’s “except as prohibited by law” qualification.
May judges participate in proposed child-welfare stakeholder meetings with agencies and witnesses who appear in their courts?
West Virginia JIC Opinion 2011-07 refuses to approve the proposed judge-led meetings and says the described participation would violate the Code because agency representatives and witnesses…
May a judge hear cases involving an attorney the judge sued for wrongful discharge 13 years earlier, or that attorney’s spouse and law partner?
West Virginia JIC Opinion 2011-06 permits the judge to hear both categories of cases and finds no duty to raise a conflict on the facts described.
May a judge’s law clerk research or draft matters involving the clerk’s attorney fiancé, and what about the fiancé’s colleague?
West Virginia JIC Opinion 2011-05 requires a complete separation of the law clerk from every case involving her fiancé and leaves the colleague question unanswered for lack of facts.
How should a judge handle an attorney married to a probation officer, a law clerk living with an attorney, and a former paralegal now on court staff?
West Virginia JIC Opinion 2011-04 approves screening the probation officer from the spouse’s cases with disclosure, applies law-clerk spouse procedures to a cohabiting attorney partner, and says no…
What limits apply to a judge’s spouse’s hospice, bank and political roles, and to payments owed by the judge’s former firm?
West Virginia JIC Opinion 2011-03 advises against the spouse’s hospice CEO and political club officer roles, allows her bank board role with judge recusal in bank cases, and permits five-year…
Does a judicial candidate need a campaign committee when paying all campaign costs personally?
West Virginia JIC Opinion 2012-01 says no committee is required when the candidate uses only personal money or assets; accepting money from any other source, including family or friends, requires a…
Must a judge recuse from a new case involving the son and former codefendant of a person the judge represented before taking the bench?
West Virginia JIC Opinion 2011-02 directs the judge to assess recusal under former Canon 3E on the available facts and to follow the motion procedure if a party seeks disqualification; it does not…
May a temporary family court judge mediate a custody case in a county where the judge also sits?
West Virginia JIC Opinion 2011-01 advises against mediation in the same county because mediator actions or statements could appear to signal later judicial action.
May a magistrate join a local organization’s board without soliciting funds or taking part in fundraising?
West Virginia JIC Opinion 2010-20 permits the described board service when the magistrate does not solicit funds or take part in fundraisers, subject to former Canon 4C(3).
Should a judge recuse from a custody case when newly appearing counsel was the judge’s custody client more than ten years earlier?
West Virginia JIC Opinion 2010-19 advises recusal on the described facts under former Canon 3E’s reasonable-question-of-impartiality standard.
May an attorney keep appearing before a judge if the judge hires the attorney’s mother as court reporter?
West Virginia JIC Opinion 2010-18 says the son could not appear in that court while his mother served as court reporter; it leaves appearances by other lawyers at his firm unanswered.
May a lawyer appear before a magistrate when their separately owned companies have an ongoing landlord-tenant relationship?
West Virginia JIC Opinion 2010-17 bars the lawyer with the business interest from appearing, while permitting other lawyers in the firm who have no interest in the landlord company.
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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.