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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Could a judge hear a habeas matter arising from a prosecution begun while the judge was prosecutor if the petitioner requested it?
West Virginia JIC Opinion 2003-08 said former Canon 3E(1)(b) barred the judge from the described habeas matter and that the parties could not waive that ethical disqualification.
How did the JIC address a magistrate’s former clients, music nonprofit board, and remaining law practice?
West Virginia JIC Opinion 2003-07 directed another magistrate to handle former clients’ initial appearances, allowed the nonprofit board seat without fundraising, and referred law-practice questions…
Did a judge need to recuse because an attorney subleased space in a building owned by the judge’s spouse?
West Virginia JIC Opinion 2003-05 found no required recusal on the described facts: the judge had no ownership interest and the attorney paid a sublessor, with no direct dealings with the spouse.
Could a magistrate work for a supermarket or buy stock in the company?
West Virginia JIC Opinion indexed as 2003-04 said former Canon 4D(3) barred the proposed supermarket employment; the letter did not separately decide the stock ownership question.
Was a $75 cash door prize won at an event a gift regulated by the Judicial Code?
West Virginia JIC Opinion indexed as 2003-03 said the random door prize did not fall within former Canon 4D(5).
Could a magistrate hire an assistant who also worked evening shifts as a local police dispatcher?
West Virginia JIC Opinion 2003-02 advised against employing the assistant while she also worked for the local police department because it would undermine the appearance of an independent, impartial court.
Could a magistrate serve on a board recruiting health care professionals to a rural community?
West Virginia JIC Opinion 2003-01 permitted the magistrate to serve on the described recruitment board, provided the service complied with Canon 4.
Could a municipal judge candidate use a family campaign photograph including a spouse who was a circuit judge?
West Virginia JIC Opinion 2002-30 allowed the family photo if the circuit judge was identified only as the candidate’s spouse, without the judicial title.
Could a judge remain a Chamber of Commerce member and YMCA board vice-chair?
West Virginia JIC Opinion 2002-29 rejected Chamber of Commerce membership but allowed YMCA board service without fundraising or use of judicial prestige to solicit funds.
Could a newly elected family court judge hold a fundraiser to repay campaign loans from the judge and the judge's parents?
West Virginia JIC Opinion 2002-28 permitted a fundraiser to pay campaign debts if the campaign committee conducted all fundraising.
Could a family court judges' association collect member donations to retain a legislative representative?
West Virginia JIC Opinion 2002-25 allowed voluntary donations from association members to retain a legislative representative, but barred solicitation outside the membership.
Could a magistrate serve as a trustee of a local cemetery corporation?
West Virginia JIC Opinion 2002-24 advised the magistrate against serving on the cemetery corporation's board because the described fiduciary, personnel, land, sales, and financial duties conflicted…
Could a judge serve on a local Health Sciences and Technology Academy governing board?
West Virginia JIC Opinion 2002-23 allowed service on the described academy governing board so long as it remained within Canon 4C(3).
Could a magistrate chair a local emergency planning committee appointed through the state response commission?
West Virginia JIC Opinion 2002-22 concluded that the magistrate could not chair the local emergency planning committee because the government appointment conflicted with West Virginia Constitution…
Did a police officer's role in an ethics complaint against a judicial officer automatically require recusal from cases involving that officer or agency?
West Virginia JIC Opinion 2002-21 found no automatic disqualification on the stated facts; the judicial officer should hear assigned cases unless bias or prejudice was shown.
Could a family court judge use a proposed news article describing court activity?
West Virginia JIC Opinion 2002-20 permitted the proposed material only if it disclosed generic, public information, complied with Canon 3B(9), and did not violate statutory confidentiality.
When a judicial law clerk sought another job, when did the clerk need screening from the prospective employer's cases?
West Virginia JIC Opinion 2002-19 said an application alone required notice to the judge but no screening or recusal; after an interview, the clerk should be screened from the employer's cases, with…
Could a judge serve on the board of the Center for Multicultural Comity?
West Virginia JIC Opinion 2002-18 permitted service on the Center for Multicultural Comity board if the service remained within Canon 4C(3).
Could a senior-status or recalled retired judge serve as a contracted independent examiner?
West Virginia JIC Opinion 2002-16 disallowed the described independent-examiner work for a senior-status judge under Canon 4F, but allowed a retired judge not on senior status who was recalled for…
Does a lawsuit against a judge in both official and individual capacities require recusal from the suing lawyer's other cases?
West Virginia JIC Opinion 2002-15 rejected automatic disqualification merely because the judge had been sued in both capacities; each judge had to assess personal bias or prejudice on the facts.
Could a senior-status judge serve as a hearing examiner for the Department of Environmental Protection?
West Virginia JIC Opinion 2002-14 concluded that a senior-status judge should not serve as the Department's hearing examiner because the position involved private judicial functions prohibited by Canon 4F.
Could a judge's home host charitable and political fundraisers conducted by the judge's husband?
West Virginia JIC Opinion 2002-13 allowed the judge's home to host the described charitable and political fundraisers conducted by her husband, provided she did not solicit funds, let her name be…
Could a judge's case coordinator drive a car advertising her husband's bonding company and sit on a women's center board?
West Virginia JIC Opinion 2002-11 said the case coordinator should neither drive the bonding-company advertising vehicle nor continue on the women's center board, given the connection to the judge's…
Could a judicial candidate appear on a ticket with others or campaign together with another candidate?
West Virginia JIC Opinion 2002-10 allowed a judicial candidate's name in shared election materials and ticket promotions, but disallowed joint voter visits with another candidate and soliciting…
Could a mental hygiene commissioner represent a person in court when a current law partner presided over that person's earlier commitment hearings before their partnership?
West Virginia JIC Opinion 2002-09 allowed the court-appointed representation because the partner's earlier mental hygiene hearings occurred before the partnership and were independent of the…
Could a judge sell or give old reusable campaign signs to another candidate?
West Virginia JIC Opinion 2002-08 allowed the judge to sell reusable campaign signs to another candidate, but said a gift might constitute a contribution prohibited by Canon 5A.
May a senior status magistrate remain in office while running for county commissioner?
West Virginia JIC Opinion 2002-07 concluded that a senior status magistrate may not remain in that position while running for county commissioner.
May an elected magistrate work part time as an expert witness in civil cases?
West Virginia JIC Opinion 2002-06 concluded that an elected magistrate could not appear as an expert witness in a case, citing former Canon 2B's restriction on using judicial prestige for private…
Could a judicial officer give keynote speeches at a Crime Solvers banquet and a police convention?
West Virginia JIC Opinion 2002-05 concluded that the judicial officer should not speak at the named Crime Solvers banquet or Fraternal Order of Police convention.
May a judge serve as an officer or board member of a community action agency?
West Virginia JIC Opinion 2002-04 permitted service on a community action agency board within former Canon 4C's limits on recurring court appearances, member advantage and fundraising.
Could a family court case coordinator screen litigants in cases he handled as a paralegal?
West Virginia JIC Opinion 2002-03 said the coordinator should not participate in cases he handled as a paralegal at his former law firm, but could participate in other cases.
Could a judge submit a legal article presented to circuit judges for law review publication?
West Virginia JIC Opinion 2002-02 allowed a judge to submit the described expert testimony article to the West Virginia University Law Review for publication.
Could a senior status judge testify as an expert on attorney fee reasonableness?
West Virginia JIC Opinion 2002-01 concluded that a senior status judge should not serve as an expert witness on attorney fees in a civil case.
Could a magistrate discuss incidents involving the magistrate's brother and police with an attorney?
West Virginia JIC Opinion 2001-21 allowed the magistrate to discuss the incidents with an attorney, while saying the magistrate would be recused from any case directly involving them.
What disclosure or recusal did a judge owe when a spouse worked for an agency appearing in court?
West Virginia JIC Opinion 2001-20 required disclosure when the spouse's employing agency appeared before the judge and recusal when the spouse was involved in a case.
Could a circuit judge publicly oppose a zoning change affecting the judge's home?
West Virginia JIC Opinion 2001-19 allowed the judge to oppose the proposed ordinance as a private landowner, with recusal if a related matter reached circuit court.
Did a judge need a campaign committee to raise contributions to repay a personal campaign loan?
West Virginia JIC Opinion 2001-18 required a committee to solicit funds to retire the judge's campaign debt, under former Canon 5C(2) and state election law.
Could a judge write to another judge in support of the first judge's son's case?
West Virginia JIC Opinion 2001-17 prohibited the proposed support letter, while permitting the judge to provide information if subpoenaed to testify.
Could a family law master ride in a parade vehicle displaying the master's name and title?
West Virginia JIC Opinion 2001-16 permitted the described parade appearance and self-introduction if they stayed within former Canon 4's limits on extrajudicial activity.
Could a magistrate put a telephone-number list and judicial title on a restaurant placemat?
West Virginia JIC Opinion 2001-15 allowed the list and the magistrate's name on the placemat, but prohibited identifying the office or using other judicial identification.
Could a judge negotiate to buy a car from a recently divorced former litigant?
West Virginia JIC Opinion 2001-14 said the judge should not negotiate to buy the car from the former litigant, who might return to the judge's court.
Must a family law master report a contingent fee received after leaving private practice?
West Virginia JIC Opinion 2001-13 required the family law master to report the partial contingent fee recovery received after taking the bench.
Could a judge serve on a wish-granting charity's advisory board?
West Virginia JIC Opinion 2001-12 permitted service on the charity's advisory board so long as the judge did not solicit funds or use judicial prestige for that purpose.
Could a judge vote on a state authority studying county courthouse facilities?
West Virginia JIC Opinion 2001-11 permitted the judge to serve as a voting member of the Courthouse Facilities Improvement Authority.
Could a judge preside over a mock arson trial for firefighter and police training?
West Virginia JIC Opinion 2001-10 permitted the mock trial but cautioned against comments revealing predisposition to such cases and cited the restriction on comments about pending proceedings.
Could a newly seated judge finish serving as executor for a former client’s nearly closed estate?
West Virginia JIC Opinion 2001-09 said no under former Canon 4E(1); former law partners should complete the estate administration.
Could a magistrate attend community meetings about drugs and violence and answer criticism of the magistrate court?
West Virginia JIC Opinion 2001-08 advised against attendance and suggested contacting the State Bar’s judiciary-defense committee about public criticism.
Could a part-time mental hygiene commissioner accept other court-appointed cases?
West Virginia JIC Opinion 2001-07 allowed other court appointments within former Canon 6C, but barred mental hygiene matters and proceedings related to cases the commissioner had handled.
Could a senior-status retired judge serve without pay on a local gas cooperative’s board?
West Virginia JIC Opinion 2001-06 said former Canon 4D(3) barred the senior judge from serving as a gas cooperative director.
When must a judge disclose prior litigation or representation involving lawyers and co-defendants before the court?
West Virginia JIC Opinion 2001-05 required disclosure but found no automatic disqualification for prior litigation with a lawyer or a separate case involving a co-defendant; representation in the…
Could a justice remain trustee of a family foundation and serve as trustee of a former client's foundation?
West Virginia JIC Opinion 2001-04 permitted continued service for the family foundation and trustee service for the former client's foundation, subject to former Canon 4C(3)'s restrictions.
Must a family law master recuse when a prosecutor spouse appears in a domestic violence proceeding?
West Virginia JIC Opinion 2001-03 required disqualification when the prosecutor spouse appeared; without direct involvement, it called for a case-specific inquiry under State ex rel. Brown v. Detrick.
Could a new judge retain a real estate partnership with practicing lawyers who might appear in court?
West Virginia JIC Opinion 2001-02 required sale of the described partnership interest, suggested a lump-sum sale, and required recusal from partners' cases before the sale.
Could a new judge accept a written former-firm buyout with payments tied to fees from a pending case?
West Virginia JIC Opinion 2001-01 permitted the proposed written buyout, while requiring recusal from former partners' proceedings during payout and from any case while the civil action remained pending.
Could a judge-elect temporarily use a former law firm's office until court quarters were ready?
West Virginia JIC Opinion 2000-43 saw no problem with the short temporary office arrangement, while calling for recusal from former-firm cases and protection of court documents.
Could a judge-elect collect receivables and contingent fees from cases handled before taking the bench?
West Virginia JIC Opinion 2000-42 permitted collection of receivables and contingent fees for prior work, assuming written percentage agreements and clients' knowledge of the practice closing.
Could a judicial candidate's campaign committee raise funds to defend an election contest?
West Virginia JIC Opinion 2000-41 permitted the committee to raise funds to defend the election-contest petition as a continuation of the campaign under former Canon 5C(2).
Must a family law master recuse when a spouse holds a clerical job at an agency involved in the case?
West Virginia JIC Opinion 2000-40 required disclosure if the spouse worked in the master's region, but called for disqualification only if the spouse directly worked on the case.
Could a magistrate continue operating an insurance agency after election?
West Virginia JIC Opinion 2000-39 allowed the magistrate candidate to continue participating in his insurance business, but said he should not hear policyholders' cases or solicit business from…
Could family law masters publicly advocate for the Unified Family Court Amendment?
West Virginia JIC Opinion 2000-38 said the family law masters' and Family Court Association's proposed advocacy for the Unified Family Court Amendment was permissible under former Canon 4.
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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.