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 West Virginia judge serve on a Red Cross board of directors?
West Virginia JIC Opinion 2007-10 permits the described Red Cross board service under former Canon 4, while warning against soliciting funds or using judicial office for fundraising.
May a judge’s bailiff’s wife work as a secretary in the prosecutor’s office?
West Virginia JIC Opinion 2007-09 finds no impropriety in the bailiff’s wife taking the prosecutor-office job, but cautions the judge against discussing that office’s cases with the bailiff while…
May a part-time mental hygiene commissioner accept court-appointed criminal defense cases?
West Virginia JIC Opinion 2007-08 allows court-appointed criminal defense work under former Canon 6C, but says the commissioner may not represent someone who appeared before them as mental hygiene…
May a circuit judge’s daughter work as a magistrate assistant, including if the judge later serves as chief circuit judge?
West Virginia JIC Opinion 2007-07 finds no apparent conflict in the daughter’s proposed employment where the judge does not make the appointment and uses the described order to refer matters…
May a West Virginia magistrate serve on a board reviewing how FEMA funds are spent?
West Virginia JIC Opinion 2007-06 advises the magistrate against serving on the described FEMA board, citing its handling of substantial funds and controversy about disaster response.
May a West Virginia magistrate hire a qualified son-in-law as the magistrate’s assistant?
West Virginia JIC Opinion 2007-05 says the magistrate’s hiring of a son-in-law would violate former Canon 3C(4)’s nepotism rule, regardless of his stated qualifications.
May a West Virginia judicial officer appear in a police department’s educational video showing an initial court appearance after an underage drinking arrest?
West Virginia JIC Opinion 2007-04 permits the described appearance as public education about the legal system under former Canon 4B, even though the police department regularly appeared in the…
May a judge send an unsolicited character letter about a convicted person to the sentencing judge?
West Virginia JIC Opinion 2007-03 says former Canon 2B bars the judge from initiating the described character letter to the sentencing judge without a formal request for that information.
What did the West Virginia JIC say about ex parte contacts with counsel for hearing scheduling, cancellations, and mediation-status inquiries?
West Virginia JIC Opinion 2007-02 quoted former Canon 3B(7)’s limited exception for nonsubstantive scheduling or administrative contacts and its notice and no-advantage conditions; it gave no…
May a judge tell legislators about a supervised-visitation center and organize a CLE fundraiser for it?
West Virginia JIC Opinion 2007-01 permits the judge to explain the center’s role in administering justice to legislators, but bars soliciting its funds or organizing the proposed CLE fundraiser.
May a West Virginia senior-status magistrate serve on a men’s shelter board?
West Virginia JIC Opinion 2006-13 permits the board service on the stated facts, including no known shelter cases in magistrate court, but bars the magistrate from raising funds for the shelter.
May a family judge accept an advocacy group’s plaque, attend a provider’s fundraising dinner, or accept gifts from lawyers and an interpreter?
West Virginia JIC Opinion 2006-11 advises against the described vigil recognition, fundraising dinner, and gifts; it reports that some commissioners saw a possible distinction for small treats…
May a judge write a support letter for a women’s shelter that will later use it to raise funds?
West Virginia JIC Opinion 2006-10 advises against the letter because the shelter planned to use it for fundraising, which former Canon 4 prohibited the judge from supporting with judicial prestige.
May a family court judge appoint lawyers from the judge’s former nonprofit employer to represent children?
West Virginia JIC Opinion 2006-09 permits those appointments if the judge uses a fair and equal system open to all interested lawyers practicing before the court and follows former Canon 3C(4).
Could family court judges accept a conference dinner hosted by a legislator who also practiced family law before some of them?
West Virginia JIC Opinion 2006-08 found no Code violation in the described offer and said the dinner or barbecue for family court judges at their conference could be given.
Could a probation officer and an assistant prosecutor who are spouses work in the same county without case-related professional contact?
West Virginia JIC Opinion 2006-07 says the potential conflict may be overcome by conditions preventing professional contact on cases involving people assigned to the probation officer, while…
Could a magistrate’s wife take a secretarial job in the prosecutor’s office?
West Virginia JIC Opinion 2006-06 advises against the employment because it would require the magistrate to recuse from all criminal cases and burden the magistrate court system.
When must a judge screen a law clerk who is interviewing with firms that appear before the court?
West Virginia JIC Opinion 2006-05 substantially amends its August 2002 advice: the clerk should keep the judge generally informed about the search, but screening is required only after accepting a…
Must a family court judge recuse after receiving a purse from a relative who was identified as a witness in a pending case?
West Virginia JIC Opinion 2006-04 advises recusal from the proceeding after the judge received the purse from the related potential witness, to avoid the appearance of impropriety under former…
May a family court judge advocate for renewal of a refuge center’s grant before the grant decision group?
West Virginia JIC Opinion 2006-03 advises the judge against the requested grant-renewal advocacy because the center may house people whose domestic disputes come before family court.
May a judge be honored at a Boy Scouts fundraising dinner, or merely attend?
The letter indexed by West Virginia JIC as 2006-01 says the judge could attend the Friends of Scouting dinner but could not serve as its honoree because it was a fundraiser.
Could courthouse employees accept Christmas turkeys from a county commission?
West Virginia JIC Opinion 2005-23 says the courthouse employees could accept the turkeys if former Canon 4D(5)(h)’s restrictions on donors with matters before the judge were observed.
May a judge invest in an out-of-state bank and serve on its board?
West Virginia JIC Opinion 2005-22 permits the judge to invest in the described bank, whose market area excludes the judge’s circuit, but rejects service on its board of directors under former Canon 4.
Must a family court judge recuse from a case they handled as a Child Advocate’s Office lawyer?
West Virginia JIC Opinion 2005-21 says a family court judge must recuse if a case in which the judge participated as a Child Advocate’s Office attorney later comes before the court.
May a domestic violence organization hold an appreciation luncheon at the court for magistrate and family court staff?
West Virginia JIC Opinion 2005-20 says an RDVIC appreciation luncheon at the court for magistrate and family court employees would create an appearance of impropriety.
May a judge join the board of a disability rights advocacy group expected to litigate?
West Virginia JIC Opinion 2005-19 says the judge should not serve on West Virginia Advocates’ board because the Commission assumed that the organization would be involved in litigation before courts.
May a judge and a lawyer appearing before the judge join the same nonprofit fishing club?
West Virginia JIC Opinion 2005-18 permits the judge to join the described nonprofit fishing club and says the lawyer and firm may continue appearing before the judge on the stated no-benefit,…
May a magistrate’s brother conduct bonding business in the magistrate’s court?
West Virginia JIC Opinion 2005-17 says the magistrate should not permit the brother to conduct bonding business in that court, despite the magistrate’s neutral list of agents and lack of financial benefit.
May a judge speaking at a CLE accept lodging and complimentary football tickets?
West Virginia JIC Opinion 2005-14 permits the judge to accept the offered overnight accommodations and football tickets as part of the described invitation to speak at a law-related CLE.
Must a circuit judge who temporarily covered magistrate court recuse when that case reaches circuit court?
West Virginia JIC Opinion 2005-11 requires recusal from an appeal of the judge’s own magistrate-court decision, but says a probable-cause preliminary hearing alone does not require recusal from the…
May a magistrate attend a free public defender conference, and may a magistrate assistant work a special election?
West Virginia JIC Opinion 2005-09 advises against the magistrate attending the sponsored conference and says the assistant’s work at the described bond-election polls would be improper.
May a judge serve on a County Extension Service Committee?
West Virginia JIC Opinion 2005-06 permits the judge to serve on the described County Extension Service Committee under former Canon 4.
May a judge rent a building they partly own to their son’s law firm if they recuse from the firm’s cases?
West Virginia JIC Opinion 2005-05 rejects the proposed rental even with recusal, because the public could reasonably perceive the business dealing as exploiting judicial position.
May a judge rent a personal cottage to a probation officer who works in the judge’s court?
West Virginia JIC Opinion 2005-04 permits the judge to rent the described cottage to the probation officer because the Commission found that relationship outside former Canon 4D(1)’s restricted categories.
May a circuit judge appoint a sixth-degree cousin as probation officer?
West Virginia JIC Opinion 2005-03 says former Canon 3C(4) would permit merit-based hiring without favoritism, but West Virginia Code § 62-12-5(d) prohibits this appointment of a related probation officer.
May a judge’s spouse counsel a party or child from a divorce case the judge decided?
West Virginia JIC Opinion 2005-02 finds no ethical impropriety on the stated facts, where counseling was neither court-ordered nor arranged by the judge, but says the judge must recuse if the spouse…
How does the judicial conduct code apply to a mental hygiene commissioner’s private prehearing safety conference with medical staff?
West Virginia JIC Opinion 2004-25 says the described conferences do not directly fit the ex parte exception, urges counsel participation where possible, and notes prompt disclosure and the chief…
May a chief justice publicly discuss a controversial court decision during a contested judicial election?
The letter indexed by West Virginia JIC as 2004-24 advises the chief justice against commenting on the decision, its validity, or the court procedures that produced it during the described election.
May a judge serve on a local school improvement council and a city compliance board?
West Virginia JIC Opinion 2004-23 permits the judge to serve on both described bodies under former Canon 4.
May a family judge write a law-school reference for a domestic violence advocate and speak at the advocate’s seminar?
West Virginia JIC Opinion 2004-22 permits the reference letter but advises against speaking at the described seminar, which was limited to one segment of the bar on a subject prominent in the…
May a judge hire a frequent child-support litigant in the judge’s court to work at home?
West Virginia JIC Opinion 2004-21 advises against employing the frequent litigant for home work under former Canon 2’s appearance-of-impropriety standard.
Could a magistrate candidate attend a right-to-life candidates’ forum in 2004?
West Virginia JIC Opinion 2004-20 says the state code pointed against comments on the forum’s issues, but after the cited Supreme Court decision the Commission lacked clear guidance and suggested…
Could a judge perform with a paid band at a prosecutor candidate’s fundraiser?
West Virginia JIC Opinion 2004-19 advised the judge against performing because the appearance could be construed as a public endorsement and would involve the judge in fundraising.
Could a judge let a volunteer organization sell sponsorships at a golf outing the judge organized?
West Virginia JIC Opinion 2004-17 approved the existing cost-covering golf outing but rejected the proposed sponsorship plan as at least indirect fundraising or use of judicial office for that purpose.
Could a speaker’s honorarium be donated to a judge’s former law school in the judge’s name?
West Virginia JIC Opinion 2004-16 found no prohibition in former Canon 4D(5) and allowed the speaker’s honorarium to be donated to the judge’s former law school in the judge’s name on the described facts.
Could a judge receive compensation for a one-day evidence seminar and part-time university teaching?
West Virginia JIC Opinion 2004-15 allowed both described part-time teaching activities under former Canon 4.
Could a magistrate candidate share campaign equipment expenses with a nonjudicial candidate?
West Virginia JIC Opinion 2004-13 advised against sharing campaign equipment because it could appear to support the other candidate and public expense reports could disclose that support.
Could a probation officer spend substantial time campaigning outside the officer’s circuit?
The West Virginia JIC letter indexed as Opinion 2004-12 said substantial out-of-circuit campaign activity would be a problem because the probation officer was effectively on call and responsible for…
Could a judge’s assistant fundraise for the judge or campaign for the assistant’s spouse?
West Virginia JIC Opinion 2004-11 barred the assistant from fundraising for the judge but permitted certain campaign activity for the assistant’s spouse after work and outside court areas.
Must a judge’s assistant resign to run for a nonpartisan school-board seat?
West Virginia JIC Opinion 2004-08 said the assistant must resign if she ran for the nonjudicial school-board office, applying Philyaw v. Gatson to the former Canon 5 resign-to-run rule.
Could a judge serve as honorary chair for a children’s memorial committee and appear on its letterhead?
West Virginia JIC Opinion 2004-06 advised against the honorary-chair role and letterhead listing because associated organizations appeared to advocate on issues and litigate regularly.
Could a mental hygiene commissioner represent a petitioner in a guardianship matter in a county where the commissioner served?
A majority of the West Virginia JIC in Opinion 2004-05 advised the commissioner against acting as counsel in the described Hancock County matter under former Canon 6C(2), citing at least an apparent…
Could a magistrate candidate keep serving as treasurer of a county party executive committee?
West Virginia JIC Opinion 2004-04 said the candidate had to resign from the county Republican Executive Committee treasurer position under former Canon 5A(1).
Could a judge explain court procedures in a child-support enforcement training video?
West Virginia JIC Opinion 2004-03 allowed the judge to participate in the described training video under former Canon 4.
Could a circuit judge join a team advising on sex-offender management funding?
West Virginia JIC Opinion 2004-02 allowed the judge to serve on the described multidisciplinary team under former Canon 4.
Could a magistrate teach a part-time college class on police organization and management?
West Virginia JIC Opinion 2004-01 allowed the described teaching under former Canon 4, while requiring permission from the Administrative Office under the Court’s personnel policy.
Could a judge publicly answer criticism of a university president on behalf of an alumni association?
West Virginia JIC Opinion 2003-12 warned that a response by the judge as an alumni association officer could appear to use judicial prestige for others’ private interests and suggested another…
Could an attorney sharing office space with a judge’s former spouse practice before the judge?
West Virginia JIC Opinion 2003-11 found no Canon 4D financial-relationship bar on the described facts after the judge had relinquished all interests in the former practice and its building company.
Could a judge appoint a magistrate clerk’s daughter to a co-op position when all finalists were equally qualified?
West Virginia JIC Opinion 2003-10 said appointing the clerk’s daughter would breach former Canon 3C(4)’s favoritism prohibition when the candidates appeared equally qualified.
When should a judge step aside from cases involving a lawyer retained by the judge’s homeowners association?
West Virginia JIC Opinion 2003-09 called for recusal from that lawyer’s matters while the association dispute was pending and for six months after resolution, then disclosure for another six months.
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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.