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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How long should a judge disclose that an appearing attorney once represented the judge?
West Virginia JIC Opinion 2010-14 recommends disclosure when the attorney appears, without setting an end date for that practice.
May a judge draft court documents for a spouse and close sister-in-law without compensation, and must the judge disclose that assistance?
West Virginia JIC Opinion 2010-13 permits the unpaid family legal advice and document work under former Canon 4G and finds no Canon 4G notice requirement, provided the judge does not advocate or…
May the JIC consider constitutional limits in advice, and does it approve judge-led child-welfare stakeholder meetings?
West Virginia JIC Opinion 2010-12 says constitutional precedent may inform its Code advice and declines to approve the proposed judge-led stakeholder meetings with regular courtroom participants.
May a part-time judicial commissioner join the board of a county-owned nonprofit hospital?
West Virginia JIC Opinion 2010-11 permits the unpaid board service on exceptional facts: few local attorneys, a required attorney board seat, rare hospital litigation, and a necessity rationale for…
May a magistrate hear cases brought by a police department led by the magistrate’s son?
West Virginia JIC Opinion 2010-10 requires disclosure in every case involving the son’s department, disqualification if the son had any involvement, and the Brown procedure for other department cases.
May a circuit judge hear family court matters that the judge previously handled as family court judge?
West Virginia JIC Opinion 2010-09 permits matters in which the judge made no decisions but excludes cases in which the judge previously made findings, legal conclusions, or a ruling.
May a judge serve on a state anniversary advisory board that expects fundraising contributions?
West Virginia JIC Opinion 2010-08 says the judge may not serve because the proposed role involved fundraising barred by former Canon 4C(3)(b).
May a judge authorize a bail surety company when the judge’s secretary has family ties to its principals and a related person works with detainees?
West Virginia JIC Opinion 2010-07 advises the judge against granting the surety authority because the secretary’s relationships and detainee contact could create an appearance of impropriety.
May a judge’s secretary continue serving as an election poll worker?
West Virginia JIC Opinion 2010-06 advises against the secretary’s poll work because the public could view the secretary as an extension of the judge’s office.
May a recused family court judge’s staff provide scheduling and document support to the replacement judge?
West Virginia JIC Opinion 2010-05 permits clerical staff support when the judge is recused unless a staff member’s relative is a litigant; staff should not work on those family-related cases.
May a judge lead regular child-welfare stakeholder meetings with agencies and lawyers who appear in abuse and neglect cases?
West Virginia JIC Opinion 2010-04 says the proposed protocol violates former Canon 4 because regular meetings with courtroom participants could cast reasonable doubt on judicial impartiality.
May a judge serve on an advisory committee tasked with increasing referrals to a program to which the judge can send juveniles?
West Virginia JIC Opinion 2010-03 advises against the role because the judge can refer children to the program and the committee aims to increase referrals, casting doubt on impartiality.
May a judge accept an expensive gift from a county bar association at a service dinner, and must it be reported?
West Virginia JIC Opinion 2010-01 treats the gift as incident to a public testimonial and permits it, but says its value above $150 requires reporting under former Canon 4’s compensation-reporting terms.
May a mental hygiene commissioner simultaneously serve as a part-time assistant prosecutor?
West Virginia JIC Opinion 2009-18 says the roles are incompatible under West Virginia Constitution article VIII, section 7, as the Commission applied it to mental hygiene commissioners.
May a magistrate remain president of a volunteer fire company auxiliary that fundraises?
West Virginia JIC Opinion 2009-17 directs the magistrate to resign as president and leave the auxiliary because its fundraising conflicts with former Canon 4C(3)(b).
Did a Supreme Court administrative order temporarily assigning a judge to help appoint private counsel present a judicial ethics issue?
West Virginia JIC Opinion 2009-16 finds no ethical issue in the administrative order as submitted to the Commission.
May a judicial officer become a charter member of a new Kiwanis Club?
West Virginia JIC Opinion 2009-15 permits membership, subject to former Canon 4C(3)’s litigation, fundraising, and investment-advice limits.
May a judge be a “celebrity server” at a CASA fundraising event?
West Virginia JIC Opinion 2009-14 advises against serving because the event would use the judge’s participation to raise funds, contrary to former Canon 4C(3)(b).
Does a daughter’s summer clerkship at a law firm automatically require a judge to recuse from every case involving that firm?
West Virginia JIC Opinion 2009-12 rejects automatic firm-wide disqualification but requires disclosure and inquiry into the daughter’s tenure, role, and case work before a case-specific recusal decision.
Must a judge recuse when an attorney who managed the judge’s campaign and remains a family friend appears?
West Virginia JIC Opinion 2009-11 advises recusal for an extended period based on the lawyer’s campaign-manager role and continuing social friendship, without specifying a fixed end date.
May a judge serve on a county school facilities committee or speak publicly for a fundraising children’s foundation?
West Virginia JIC Opinion 2009-10 rejects the school committee because the board may litigate before the court and rejects the foundation spokesperson and media roles because the public could…
May a magistrate hear cases in which the magistrate assistant’s attorney spouse is counsel?
West Virginia JIC Opinion 2009-09 requires disclosure every time, with recusal decided case by case; it records a minority view that the lawyer should never appear before that magistrate.
May a judge accept a governor’s appointment to a prison-overcrowding commission?
West Virginia JIC Opinion 2009-07 says the appointment would violate the other-government-appointment bar in West Virginia Constitution article VIII, section 7.
Must a family court judge recuse from a custody case after an initial consultation with one party before taking the bench?
West Virginia JIC Opinion 2009-06 requires recusal despite the judge’s lack of memory and the parties’ agreement to proceed, because the prior consultation likely conveyed disputed facts.
Did a judge properly handle a criminal case after a defendant and family campaigned for the judge and the prosecutor?
West Virginia JIC Opinion 2009-05 approves the judge’s disclosure of the defendant family’s campaign support, leaves prosecutor disqualification to lawyer-discipline advice, and says an actual…
May a juvenile referee serve on the board of a nonprofit drug testing laboratory serving West Virginia treatment courts?
West Virginia JIC Opinion 2009-04 advises that the referee should not join the board; it also advises against court-administrator board service because of an appearance of impropriety.
May a judge own existing rental property and potentially acquire more?
West Virginia JIC Opinion 2009-03 permits rental-property ownership if it complies with former Canon 4D and Matter of Means, particularly the bar on ongoing business relationships with people likely…
Must a magistrate recuse when a police officer who is the magistrate’s third cousin seeks warrants or appears in cases?
West Virginia JIC Opinion 2009-02 finds no Canon 3E conflict on the described third-cousin relationship because it falls outside the provision’s third degree of relationship.
Must a judge recuse from a pending abuse and neglect matter after representing the same father in an earlier case involving a different child?
West Virginia JIC Opinion 2009-01 finds no recusal requirement on the described facts because the current matter involved a new issue and parties not involved in the judge’s earlier representation.
May an incoming circuit judge remain in a federal appeal after taking office to transfer it, and prepare affidavits later for work done as a lawyer?
West Virginia JIC Opinion 2008-15 requires the incoming judge to leave the appeal entirely before taking office but permits later fee petitions and affidavits supporting legal work completed beforehand.
May a judge serve on a church trustee committee that oversees facilities?
West Virginia JIC Opinion 2008-14 permits the described church trustee service while reminding the judge of former Canon 4C’s fundraising restrictions.
May a magistrate hire a niece as magistrate assistant after selecting her on the merits?
West Virginia JIC Opinion 2008-13 advises against hiring the niece because it could violate former Canon 3C(4)’s nepotism prohibition and at least create an appearance of favoritism.
May a part-time mental hygiene commissioner continue serving until the day before becoming an assistant public defender?
West Virginia JIC Opinion 2008-12 permits service until the public-defender job begins, provided the two positions do not overlap.
May a magistrate candidate volunteer at a fire department fundraising breakfast and join the local Chamber of Commerce?
West Virginia JIC Opinion 2008-11 permits breakfast volunteering only without direct fundraising, and disallows Chamber of Commerce membership because the organization could serve members’ economic…
May a mental hygiene commissioner remain in a law firm with an associate who becomes a part-time prosecuting attorney?
West Virginia JIC Opinion 2008-10 says the commissioner cannot keep both the judicial appointment and the legal association while the associate serves in the prosecutor’s office.
What disclosure or recusal is required after a judge vacations with a lawyer who appears before the judge?
West Virginia JIC Opinion 2008-09 advises ongoing disclosure of the social relationship; a personal bias or prejudice arising from it requires recusal.
Is a circuit judge disqualified from hearing a case against the state Supreme Court’s administrator because of routine contact with that court?
West Virginia JIC Opinion 2008-06 says most responding Commission members found no Canon 3E disqualification; a minority thought the rule of necessity would permit the judge to hear it even if…
May a judge receive remuneration or an honorarium for officiating a wedding outside ordinary work hours?
West Virginia JIC Opinion 2008-05 advises that a judge should not accept compensation for officiating weddings during work hours, on weekends, or after work hours.
May a judicial candidate advertise that people who bring drugs into the county for sale should be dealt with harshly?
West Virginia JIC Opinion 2008-04 advises against the proposed statement, while revising earlier advice to recognize that candidates may announce general views on disputed legal and social issues.
May a judicial candidate retain an interest in a real-estate LLC after winning office?
West Virginia JIC Opinion 2008-03 permits the described LLC interest while the person is a candidate but advises that retaining it after becoming a judge would be improper.
What fundraising and organizational roles may a magistrate or judicial candidate undertake?
West Virginia JIC Opinion 2008-02 requires a campaign fundraising committee, bars the judge’s direct nonprofit fundraising roles and event tasks, and rejects board service for an entity likely to…
Must a judge disclose that a frequent courtroom lawyer is the judge’s campaign manager, and what happens if a party objects?
West Virginia JIC Opinion 2008-01 says the judge’s disclosure is required and an objection should follow the ordinary Family Court recusal procedure.
May a judge appoint the judge’s secretary’s son-in-law to cases?
West Virginia JIC Opinion 2007-31 permits the appointments if the judge uses an impartial system that avoids favoritism among appointees.
Must a judicial candidate create a campaign committee when the campaign uses only the candidate’s money and accepts no outside contributions?
West Virginia JIC Opinion 2007-30 says no committee is necessary for a campaign funded solely from the candidate’s personal money or assets with no contributions from any other source.
May a judge consult probation officers without a hearing, and must attorney campaign committee roles be disclosed when those lawyers appear?
West Virginia JIC Opinion 2007-29 permits the described probation-officer consultations under former Canon 3B(7)(c) and requires disclosure when the campaign committee chair or treasurer appears…
What happens to mental hygiene commissioner service when one law partner runs for prosecutor, and may the other partner remain a commissioner?
West Virginia JIC Opinion 2007-28 requires the commissioner candidate to resign on becoming a prosecutor candidate, but permits the law partner to continue as commissioner and to serve as campaign…
May an incumbent family court judge use the title “Judge” while campaigning for circuit court?
West Virginia JIC Opinion 2007-27 permits the title if the candidate clearly identifies the judicial position currently held.
May a judge join the Daughters of the American Revolution under former Canon 2C?
West Virginia JIC Opinion 2007-26 permits membership based on the organization description and criteria reviewed by the Commission.
May a mental hygiene commissioner represent clients in guardianship or conservatorship cases before the circuit judge?
West Virginia JIC Opinion 2007-25 permits that work where only the circuit judge hears those matters, but requires recusal if a person involved in the represented proceeding later comes before the…
May a judicial candidate who filed pre-candidacy papers and has a committee campaign in a non-election year?
West Virginia JIC Opinion 2007-24 finds no Code provision prohibiting the described activity, provided the candidate follows Canon 5 and West Virginia election law.
Must a family court judge recuse from another divorce case because one party’s attorney also represents the judge’s brother?
West Virginia JIC Opinion 2007-23 finds no required recusal on those facts but advises on-record disclosure of the attorney’s representation of the judge’s brother.
May a family court judge accept nomination to the governor-appointed Archives and History Commission?
West Virginia JIC Opinion 2007-22 advises against nomination because service could violate West Virginia Constitution article VIII, section 7’s restriction on other public offices or appointments.
Must a mental hygiene commissioner resign to run for judicial or prosecutor office, or to accept an assistant prosecutor job?
West Virginia JIC Opinion 2007-21 permits continued commissioner service while running for circuit or family judge, but requires resignation to run for prosecutor or accept an assistant prosecutor job.
Must a judge recuse from cases involving the police officer who is married to the judge’s assistant?
West Virginia JIC Opinion 2007-20 advises recusal from cases directly involving the officer and notes concern about the assistant occasionally riding in the police car.
Must judges recuse when a local lawyer is a party, and does that affect other cases where the lawyer only appears as counsel?
West Virginia JIC Opinion 2007-17 leaves those situations to each judge’s case-specific assessment under former Canons 3B(1) and 3E(1), with the Chief Justice ultimately deciding appropriate recusal…
Must a judge recuse from all cases involving the attorneys at a firm where the judge’s fiancée works as a legal assistant?
West Virginia JIC Opinion 2007-16 requires recusal from cases involving the lawyer who employs the fiancée and that lawyer’s associate, even though her planned work was limited to personal injury matters.
Must a former prosecutor now serving as judge recuse from every new case involving someone whose earlier case was pending during the prosecutor’s tenure?
West Virginia JIC Opinion 2007-14 requires recusal from cases pending while the judge was prosecutor, but permits presiding over later, separate cases involving the same person.
May a judge participate in a public American Bar Association workshop panel about chemical product liability trials?
West Virginia JIC Opinion 2007-13 permits attendance and panel participation under former Canon 4B, but instructs the judge not to discuss specific pending or impending cases.
May a West Virginia mental hygiene commissioner also serve on a city council?
West Virginia JIC Opinion 2007-12 says the commissioner should not serve on the Princeton City Council; it extends the separate-office principle of West Virginia Constitution article VIII, section 7…
Did a judge need to take further action after learning that a lawyer practicing before the court had loaned money to a staff member?
In West Virginia JIC Opinion 2007-11, disciplinary counsel reported the chair’s view that no further action was needed after the judge promptly addressed the loan and anticipated counseling staff.
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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.