Synopses of Advisory Opinons and Admonishments by the West Virginia Judicial Investigation Commission

DATE	CANON	TOPIC	SYNOPSIS
7/5/01	2B	Advertisements	A magistrate may place a list of frequently used telephone numbers on place mats in restaurants and identify himself thereon as long as such place mats do not identify him as a magistrate or show any judicial identification.
8/19/05	1 & 2(A)	Appearance of Impropriety	In order to avoid the appearance of impropriety, a magistrate should not permit his brother to do any bonding business in his court.
11/6/07	2C	Appearance of Impropriety	The Commission advised that membership in the Daughters of the American Revolution Organization would not be a violation of the Code of Judicial Conduct’s prohibition against membership in any organization that practices invidious discrimination.
10/31/05	[ No Canon cited ]	Appearance of Impropriety	It was the opinion of the JIC that the Rape and Domestic Violence Information Center should not be permitted to hold a luncheon at the Magistrate Court for the employees of Magistrate and Family Court since such an event would create an appearance of impropriety.
6/14/07	None Cited	Appearance of Impropriety	The Commission advised a judge that he had acted properly when, upon learning that an attorney who practices before the judge had loaned money to a member of the judge’s staff, the judge had contacted both the lawyer and the court staff member and explained the impropriety of such action. The judge had also suggested to the lawyer that he/she remove himself/herself from any cases he/she had pending before the judge.
3/19/07	2	Appearance of Impropriety	The JIC noted the commentary to Canon 2B which provides that a judge must not initiate the communication of information to a sentencing Judge but may provide such information pursuant to a formal request. Therefore, it was the opinion of the JIC that unless a “formal request” was made to the Judge to provide the information, the Canon would prohibit the Judge from initiating the communication of the information.
2/26/86	7 & 5	Applicability: Judicial Code of Ethics (municipal and police judges)	Municipal judges and police judges are not subject to the Judicial Code of Ethics.
11/6/07	6C	Application of the Code of Judicial Conduct	The Commission advised that Mental Hygiene Commissioners could represent individuals in conservator and guardianship proceedings but would have to recuse themselves if the person they represented later appeared before the Mental Hygiene Commissioner.
8/10/00	3E	Applicability	The code of Judicial Conduct does not address the conduct of judicial candidates. Such inquiries should be addressed to the Lawyer Disciplinary Counsel.
10/7/94	6C	Applicability: Code of Judicial Conduct (continuing part-time judge)	A former full-time family law master (now serving as a special family law master to complete a few cases which he or she previously heard while performing duties as a full-time family law master) may also represent individuals in domestic relation matters, under the narrow circumstance that the service of the special family law master is limited and directed to the completion of a few cases which he or she previously heard as a full-time law master.
4/14/00	5 & 6	Applicability: Code of Judicial Conduct	A retired judicial officer who is not admitted to senior status whose son is a candidate for judicial office is not required to comply with Canon 5 of the Judicial Code of Conduct, which places restrictions on political activity. Only retired senior-status judges are required to comply with Canon 5 of the Judicial Code of Conduct.
2/25/94	3C(4)	Appointments	A judicial officer is prohibited from appointing a nephew by marriage to represent indigent persons charged with criminal offenses.
3/6/09	Article VIII, Section 7 of West Virginia Constitution	Appointments	The Commission advised that a judge could not accept an appointment effected through an executive order of the Governor to the "Governor’s Commission on Prison Overcrowding" since to do so would violate the West Virginia Constitution’s prohibition against accepting any appointment under the government.
10/20/08	3C	Appointments	The Commission advised that a magistrate should not employ his/her niece as a magistrate assistant since it could be seen as constituting a violation of the prohibition against nepotism.
10/31/07	WV Constitution, Article VII, Section 7	Appointments	The Commission advised that it would not be appropriate for a judge to accept an appointment to the West Virginia Archives and History Commission as such an appointment would violate the provision in Article VIII, section 7 of the WV Constitution which prohibits a judge from holding any other office.
8/9/06	3(C)4	Appointments	A Family Court Judge was previously employed by a nonprofit legal services agency that represented children in both Circuit Court and Family Court. It was the opinion of the JIC that the Code of Judicial Conduct would not prohibit the Judge from appointing attorneys from his previous employer to represent children as long as those appointments made impartially and on the basis of merit as required by Canon 3C(4).
3/15/01	6	Acceptance of court appointments by a Mental Hygiene Commissioner	A mental hygiene commissioner may accept court appointments restricted only by the language of Cannon 6 that he or she not accept appointments in a matter related to a proceeding in which he or she has served as judge or in any matter involving the same subject-matter jurisdiction.
4/24/97	2A & 4C(3)	Attendance (annual luncheons, picnics and parties sponsored by organizations representing one interest in one area)	It is not proper for a judicial officer to attend as a guest annual luncheons, picnics or parties sponsored by victim assistance programs, sexual assault centers, family violence prevention programs, police agencies, and others because these organizations represent one interest in a particular area and appear in court on a regular basis.
7/31/06	[None cited]	Attendance	It was the opinion of the JIC that the Code of Judicial Conduct would not prohibit a Family Court Judge who is a member of the Family Court Education Committee from attending a family dinner or barbeque event conducted, in connection with the conference, by an attorney who practices before Family Court Judges and is a member of the House of Delegates.
3/23/01	2A, 3A, 3B(2)(9)	Attendance at town meetings. Response to public criticism of the Court.	A judge should not attend a town meeting to discuss drug and violence problems in his or her county. It is likely that the judge would have occasion to hear cases discussed at such meetings. Further, a judge should not attend such meetings to respond to public criticism of the Court. The judge was referred to Tom Tinder 304-558-7993 to determine whether the West Virginia State Bar committee formed to defend the judiciary in certain cases would be available to respond.
12/11/97	Canon 4B	Attendance (Concerned Citizens about Juvenile Crime meeting)	A magistrate may attend a meeting of a local group known as Concerned Citizens about Juvenile Crime for the purpose of giving information regarding how juvenile cases are handled in magistrate court if the organization is a study group which is trying to find out how the court system works. However, if the organization is an advocacy group, the magistrate may not participate in its meeting.
8/29/97	2A and 4C (3)	Attendance (County Crimestoppers banquet)	It is not proper for a judicial officer to attend a county crimestoppers banquet since the organization sponsoring the banquet represents one interest in a particular area and based on their activities, members of the organization could appear in court on a fairly regular basis.
9/3/03	3	Avoidance of Impropriety	Judge seeks employment of a co-op student to work part-time in the magistrate clerk’s office. Magistrate clerk conducted interviews and provided judge with three (3) choices and recommended her daughter who was one of the three prospects. All three prospects appeared to be equally qualified. JIC advises that the appointment of the Magistrate Clerk’s daughter would violate the Canon 3 provision relating to nepotism and favoritism.
7/20/04	2	Avoidance of Impropriety	A Judge may not properly employ, for work around the Judge’s house, a person who is a frequent litigant in the Judge’s court.
11/10/03	2	Avoidance of Impropriety	Judge, who also serves as President of a University Alumni Association, asks if a judge can properly respond, publicly, to a newspaper advertisement, which is critical of the University President. JIC advises that any response would create the appearance that the prestige of the judicial office was being used to advance the private interests of others.
2/27/04	6(C)	Avoidance of Impropriety	Mental Hygiene Commissioner should not act as an attorney in a Guardianship and Conservator in a county in which he/she serves as a mental hygiene commissioner.
9/28/98	[No canon cited]	Avoidance of Impropriety	The Code of Judicial Conduct does not prohibit a family law master from receiving funds from an attorney who occasionally practices before him or her when the funds were given as a result of a contingency fee agreement made by the family law master before assuming office. The agreement specified that upon assuming office, the family law master would turn over a personal injury case that he had been working on to the other attorney, who would equally divide the attorney fee portion of the proceeds with the family law master upon final resolution of the case. The family law master made clear that the client understood and agreed to contingency fee agreement when it was made.
8/25/98	Canons 2B and 4	Avoidance of impropriety (public supporter of school levy)	It is improper for a judicial officer to be an active public supporter of an upcoming school levy.
12/11/97	Canons 2A and 3B	Avoidance of impropriety and judicial duties	Magistrates are prohibited from participating in a pretrial diversion program in which magistrates refer college students, with their consent, who are charged with certain alcohol and other offenses to a college-sponsored student assistant program. In this pretrial diversion program magistrates upon receiving notice of the student's satisfactory completion of the program inform the prosecutor, who then moves to dismiss the case. Because there is no legal authority for magistrates to participate in this type of pretrial diversion program and because participation in such a program would have magistrates bestowing the benefits of a diversion program on some litigants in a certain class which are not available to other litigants in the same class, Canons 2A and 3B prohibit magistrates from participating in such program. Diversion programs would reside more properly in the office of the prosecuting attorney.
4/5/95	2A	Avoidance of impropriety (when son of magistrate assistant is a bail bondsman)	A magistrate must take appropriate means to ensure that no referrals from either the magistrate or the magistrate assistant are made to the son of the magistrate assistant.
5/21/01	4C	Charitable Foundations	A Judge may serve as an advisory board member to the Make a Wish Foundation so long as such service is non-legal and that he did not solicit funds for the organization or permit the use of the prestige of his office for that purpose.
12/8/95	3B(9)	Comment on proceeding (request for affidavit or statement by judicial officer in proceeding before the West Virginia Board of Medicine)	A judicial officer may not voluntarily submit an affidavit or statement to the West Virginia Board of Medicine about a proceeding pending or impending in the judicial officer's court. However, if properly summoned and under a subpoena, a judicial officer may testify as a witness about events which happened independent from the proceeding.
10/14/94	1, 2A 3E(1)(a)(b) and 6C(2)	*Conflict of interest (impropriety; disqualification)	A part-time mental hygiene commissioner may not represent a person charged with criminal battery on a resident of a mental health facility when that resident was committed to the facility on the recommendation of the commissioner. The prohibition against representation applies also when a client is (1) convicted of battery and is appealing the conviction; (2) is appealing the termination of the client's employment; or (3) is appealing the client's license suspension - when the commissioner had recommended commitment of the resident victim involved.
5/21/07	6	Conflict of Interest	The Commission advised that a part-time Mental Hygiene Commissioner could accept court appointed clients in criminal cases but could not represent any client who had appeared before the Mental Hygiene Commissioner in a Mental Hygiene hearing.
4/30/07	3	Conflict of Interest/ Judicial Duties	The Commission advised that it would not constitute a conflict of interest for a judge if his/her daughter was hired as a magistrate assistant. If administrative oversight of magistrate court by a circuit judge would involve the judge’s daughter, the matter could be reassigned to another judge.
10/31/05	[ No Canon cited ]	Conflict of Interest	The JIC reaffirmed its prior opinion that a Family Court Judge would have to be recused from any case in which the Family Court Judge had previously been involved while acting as an attorney for the Child Advocate’s Office.
6/6/06	[None cited]	Conflict of Interest	It was the opinion of the JIC that a probation officer married to an assistant prosecuting attorney in the same county would not create a conflict of interest if steps were taken to ensure that they would have no professional contact in all cases being handled by the assistant prosecutor in which the defendant would be referred to the probation department. The JIC opinion emphasized that in such a situation, it was also important to avoid even giving the appearance of any conflict of interest.
4/26/06	1 and 3E	Conflict of Interest; recusal	It was the opinion of the JIC that a magistrate’s wife should not be permitted to become an employee of the local prosecuting attorney’s office since such employment would create conflicts for the magistrate in all criminal cases and would require recusal of the magistrate in such cases, thereby imposing an undo burden upon the magistrate court system.
2/04/05	None	Conflict of Interest	JIC found no ethical violation in the following circumstances. Judge entered divorce order. Order does not require counseling. One of the parties seeks counseling services from judge’s wife without judge’s prior knowledge. Judge states that he would seek recusal if case ever came back before him.
6/16/93	[No canon cited]	Conflict of interest (rule of necessity)	Under certain circumstances, the rule of necessity would permit a mental hygiene commissioner to continue to serve in that capacity even though the person's law partner in private practice is a part-time assistant prosecuting attorney, as long as the partner does not handle cases heard by the mental hygiene commissioner. [See Canon 3E Commentary.]
9/15/00	4D(3)	Conflict of Interest	Magistrates may own and participate in an insurance agency business. Such magistrate may not, however, hear any cases involving his policyholders and it would be inappropriate to solicit business from parties appearing before him.
7/5/01	4H	Contingency fees; reporting requirements	A Family Law Master must report receipt of a partial contingency fee received two years after taking office and two years after closing her private practice and referring the case to another attorney.
9/18/01	2B	Correspondence to support son's case	A Judge may not voluntarily submit a letter to the Judge of another Court to support his son’s case. If such Judge were subpoenaed, however, the Judge could provide information requested by the Court.
5/7/01	4	Courthouse Improvement Authority, Voting member of Board	Service on the Courthouse Improvement Authority as a voting member as a representative of the County Commission Association is permitted.
5/7/03	3 and 4	a. Disqualification b. Governmental, civic, or charitable activities; c. Practice of Law	For general reference regarding disqualification involving former clients see JIC Advisory Opinion March 16, 1999.Canon 3 requires disclosure of information which might be considered relevant to disqualification. In the event of actual disqualification, Magistrate must arrange for another judicial officer to handle the matter even if the matter is at night or on a weekend. Citing Canon 4, the JIC advises that the Magistrate may serve on a nonprofit volunteer organization whose mission is to promote traditional music and dance so long as the Magistrate is not involved in any fundraising. Magistrate should first consult with the Chief Circuit Judge regarding any activities involving the Magistrate engaging in the practice of law. In the event such consultation does not resolve such pending issues, the Magistrate is encouraged to seek a JIC Opinion on specific unresolved questions.
5/11/09	3E	Disqualification	The Commission advised that a per se disqualification was not required as a result of the judge’s daughter being employed at a law firm but did advise that the judge should make a full disclosure of the situation to all parties in any case in which the daughter’s law firm was involved.
3/6/09	3E	Disqualification	The Commission advised that a judge should not continue to hear a case in light of the fact that the judge, when in private practice, had an initial consultation, but no additional involvement with, of the parties to the case since it was probable that during the initial consultation the judge learned some disputed evidentiary facts concerning the case.
2/5/09	3E	Disqualification	The Commission advised that a judge’s prior representation of a respondent father in a case seven years ago did not require the judge to recuse himself from a current case involving the respondent father’s children who were born during relationships subsequent to the seven year old case.
2/5/09	3E	Disqualification	The Commission advised that a magistrate was not required to disqualify himself from cases in magistrate court in which involve a police officer who is a relative, but one outside the third degree of relationship set out in Canon 3E(1)(d).
2/17/09	3E	Disqualification	The Commission advised that a judge did not need to disqualify himself/herself from a case involving a defendant who, along with his/her family, campaigned for the judge’s election in 2008. The Commission stated that the judge had properly handled the situation by disclosing the fact of the campaigning to the attorneys in the case and to their clients, thereby giving them the opportunity to file disqualification motions if they so desired.
3/6/09	3E	Disqualification	The Commission advised that there was insufficient evidence to require the judge to disqualify himself/herself from a case in which an attorney for one of the parties had donated money to the judge’s election campaign. The Commission noted that the party raising the issue did not make his complaint known until two hours into the hearing.
3/6/09	3E	Disqualification	The Commission advised that in light of the fact that the wife of an attorney who practices in magistrate court is a magistrate assistant, the magistrate must disclose this fact to all attorneys and parties each time the attorney appears before the magistrate. The Commission advised that such a situation does not absolutely require recusal of the magistrate but that the decision should be made on a case by case basis. (A minority of the Commission felt that it would never be appropriate for the attorney to practice before the magistrate in question.)
3/23/09	3E	Disqualification	The Commission advised that a judge should recuse himself from all cases involving an attorney who was the judge’s campaign manager and who also is a close personal friend of the judge.
5/12/08	3E	Disqualification	The Commission advised a circuit judge that none of the disqualification criteria set out in Canon 3E required the judge to disqualify himself/herself from presiding over a case in which the Administrative Director of the West Virginia Supreme Court of Appeals was a party.
6/12/08	3E	Disqualification	The Commission advised that a judge who had a social relationship with an attorney who practiced in the judge’s court should, on an ongoing basis, disclose the existence of the social relationship to all attorneys and parties in any case involving said attorney, thereby providing all parties and attorneys with the opportunity to file any recusal motion they might think appropriate.
10/31/07	3E	Disqualification	The Commission advised that in a situation where a judge’s brother was involved in a divorce action, the judge would not be required to disqualify or recuse himself/herself from a separate divorce action in which the lawyer for the judge’s brother’s was counsel for one of the parties.
10/31/07	3E	Disqualification	The Commission advised that a judge should utilize the recusal procedures if one of the parties to a lawsuit involving the judge’s campaign manager objects to the judge continuing to preside over the case.
8/27/07	3	Disqualification	The Commission advised a judge that in light of the fact that the judge’s assistant had recently married a local police officer, the judge would have to disqualify or recuse himself/herself from any cases in which the police officer at issue is directly involved.
7/31/07	3B & 3E	Disqualification	The Commission advised a judge that when a lawyer who regularly appears before the judge is named as a party in a lawsuit before the judge, the judge should rely on his/her own best discretion as to whether he/she should disqualify himself/herself, with the ultimate decision on the disqualification to be made, if necessary, by the Chief Justice of the Supreme Court of Appeals.
7/20/07	3E	Disqualification	The Commission advised a judge that since his fiancee is taking a legal assistant position with local attorney, the judge should recuse himself/herself from any cases involving the local attorney or his associates.
6/26/07	3E	Disqualification	The Commission advised that a judge must disqualify himself/herself only from cases that were pending in the prosecuting attorney’s office during the time period the judge was employed by the prosecuting attorney’s office.
4/10/06	1, 2A and 3E	Disqualification	It was the opinion of the JIC that the judge should disqualify herself in light of the fact that a relative of the judge, who was also a witness in the case, had given the judge a purse as a gift while the case was still pending.
3/29/04	3(B)(E)	Disqualification	Family Court Judge may continue to serve in cases without disclosure of a close personal friendship with BCSE attorney and her spouse. BCSE attorney and her spouse have vacationed with the Judge’s family and the attorney and the Judge are in social clubs together and shop together. JIC did state that in the event the Judge did feel a bias or prejudice for or against a party or lawyer because of the friendship, the Judge had a duty to disclose and/or seek disqualification.
5/26/03	3(E)(b)	Disqualification	Judge previously served as prosecuting attorney. As prosecuting attorney he discussed a murder case with the police but no leads developed. Later after he was elected Judge an individual was identified, indicted and convicted without Judges involvement. Individual has filed a civil habeas corpus proceeding. Parties seek to have the Judge hear the habeas case with knowledge of the Judge serving as prosecuting attorney during the investigation. Judge would be prohibited from hearing the habeas cases under Canon 3(E)(b) since disqualification is mandatory. While other states allow for a waiver to such disqualification, the WV Canons do not so provide.
6/5/03	3	Disqualification	Judge is a member of a homeowner’s association which is considering filing a suit against a neighbor who has built a shed out of compliance with the subdivision covenants and restrictions. JIC advises that the Judge should disqualify himself in any matter involving the attorney representing the association during the pendency of the proceeding and for a period of six (6) months after the matter is resolved. Additionally, the Judge should disclose the representation for an additional period of six (6) months but that disqualification would not be automatic for such additional period. With respect to other member of the firm of the attorney for the Association, the Judge should make appropriate disclosure during the pendency of the matter and for six (6) months thereafter. There would be no automatic disqualification for the other members of the firm.
8/15/00	3E	Disqualification	A part-time juvenile referee who also has a private practice may take a legal malpractice case against a candidate for prosecuting attorney. If he becomes prosecuting attorney, disclosure must be made of the relationship. It is “quite likely” that he should disqualify himself in the event the prosecuting attorney appears before him in his official capacity.
4/13/06	[ No Canon cited ]	Disqualification of Law Clerks	A judge requested the JIC to reconsider a prior JIC opinion which had stated that a law clerk must be screened from working on cases involving law firms with whom the law clerk had interviewed for a job. The JIC did reconsider and amend its opinion and stated that henceforth, a law clerk must only be screened from working on cases involving a law firm or lawyer from whom the law clerk has accepted an offer of employment.
12-16-02	3B(2) 3C(2) 3E 1 2A	Disqualification Law Clerk Employment with Prosecuting Attorney	When law clerk becomes employed by the Prosecuting Attorney’s Office that individual would be conflicted out of only those cases which the law clerk did research on or conferred with the judge regarding the underlying facts or legal issues relevant to various proceedings in the case.
3-17-03	4D	Disqualification	Judge’s wife owns rental property. Wife leases property to an individual who sublets to an attorney. Judge has no ownership, interest, control or supervisory responsibility relating to the property. JIC advises that judge does not have to voluntarily recuse himself in matters involving the attorney.
4-01-03	3	Disqualification	Family Court Judge’s campaign treasure, an attorney, regularly appears for family court matters. Family Court Judge’s campaign chairperson, an attorney, does not regularly appear for Family Court matters. Citing Tennant v. Marion County Health Foundation, Inc. 194 W.Va. 97, 459 S.E.2d 374 (1995) and JIC Advisor Opinion 12/13/95, JIC advises that the Family Court Judge need not disqualify himself or herself with respect to the attorney chairperson or treasurer appearances in family court matters. The Judge should however, for a period of six (6) months from the closure of the campaign and committee, disclose the prior affiliation to the parties in litigation. Objections should follow procedures in T.C.R. 17.
6/30/00	3E	Disqualification	A Family Law Master who hired a case coordinator who was formerly employed by a domestic law attorney should recuse himself from hearing cases, which were in the attorney’s office during the employment of that person.
6/30/00	4	Disqualification	A magistrate should not serve as a member of the supervisory committee of the Credit Union because the Credit Union is an organization, which may become involved in matters falling under the dictates of Cannon 4.
3/8/01>	3E	Disqualification	A third party sued an attorney and his client. The attorney is now judge in a two-judge circuit. The suit was settled but the judge has been informed that the former client may not be in compliance with the settlement and that such issues could lead to civil an/or criminal liability against the former client. There exists no per se disqualification but Cannon 3E(1) requires an on the record disclosure. In response to a separate inquiry, a judge would be disqualified in hearing a case in which he represented the co-defendant. If the case involved a separate matter the Cannon 3E(1) disclosure should be made.
09/09/02	3	Disqualification	Judicial officer is not per se disqualified in: A. Criminal cases involving a police agency in which a police officer of that agency is either a witness or potential witness in a matter involving a complaint filed against the judicial officer involving ethical concerns, or B. Criminal matters where the police officer is the complainant and where such police officer is a witness or potential witness in a matter involving a complaint filed against the judicial officer involving ethical concerns. Unless some demonstration of bias or prejudice can be shown, the judicial officer has an ethical duty to hear such matters.
11/16/02	None	Disqualification: (Brother's suit against City) >	Magistrate’s brother has a pending law suit against the City. City police officers claim they cannot get fair treatment before the Magistrate because of the lawsuit and the underlying facts of the suit. A past defendant told the Magistrate of abusive treatment by the officer and comments concerning his belief that the Magistrate was bias toward the City. Brother wants Magistrate to confer with his lawyer about this matter. Magistrate is advised that he could discuss these matters with an attorney but that he would be recused in cases where he had direct involvement.
2/16/01	3E>	Disqualification Domestic Violence	Family Law Masters who have spouses who are prosecuting attorneys would be per se disqualified from hearing a domestic violence matter if the prosecutor/spouse were handling the case. Where there is no direct involvement by the prosecutor/spouse, adherence to State ex rel. Brown v. Detrick, 191 W.Va. 169, 444 S.E.2d 47 (1994), would be necessary possibly requiring a separate hearing to determine the extent of involvement in the case and efforts to insulate the individual.
2/7/00	3E(1)	Disqualification: Disclosure (attorney as opposition for judicial office	A judicial officer is required to disclose on the record to the parties in a proceeding and their lawyers that the judicial officer and a participating attorney are in a contested judicial election. Furthermore, if the judicial officer has personal bias or prejudice concerning the attorney, the judicial officer should recuse himself or herself.
12/13/95	3E(1) and Tenant v. Marion Health Care Foundation Inc.1995 WL 361802 (W.Va. 1995)	Disqualification: Disclosure (attorney member of judicial officer's campaign committee)	Attorneys appearing before a judicial officer may serve on that judicial officer's campaign committee. However, the judicial officer must disclose this relationship when one of these attorneys does appear before the judicial officer so that all parties and their attorneys can make an informed decision about whether to move to disqualify the judicial officer from that particular case.
9/5/90	[2]	Disqualification: Disclosure (cases involving law firm of attorney who prepared judicial officer's will)	Judicial officer not disqualified in cases involving law firm of attorney who prepared judicial officer's will, and no need for disclosure, when the representation is one-time.
12/12/94	3E	Disqualification: Disclosure (family relationship--stepchild employment)	A judicial officer whose adult stepchild lives outside the judicial officer's home and is employed by a local hospital which has a number of matters pending in litigation is not disqualified from proceedings involving the hospital if the stepchild is employed in a position in which he or she is not an officer, director, or trustee of any party and he or she is not a party or witness in any of the proceedings. The judicial officer should, however, disclose to both parties on the record the fact that a stepchild is employed by the hospital so that the parties may consider moving for disqualification.
5/16/95	3E(1) and Brown v. Dietrick, 191 W.Va. 169, 444 S.E.2d 47 (1994)	Disqualification: Disclosure (family relationship)	A judicial officer whose spouse is employed as an office assistant at a State Police detachment is not disqualified per se from presiding over criminal cases in which the arresting officer is a state trooper. However, the possibility of additional hearings concerning the neutrality of the magistrate would exist in these circumstances. The magistrate should disclose the spouse's employment to the parties when the State Police are involved in the case.
8/15/95	3E(1), State ex rel. Brown v. Dietrick, 191 W.Va. 169, 444 S.E.2d 47 (1994), and Tenant v. Marion Health Care Foundation Inc., et al. No. 22643 (W.Va., June 15, 1995):	Disqualification: Disclosure (family relationship)	Under this canon and these cases, a per se disqualification of a judicial officer is not required in all appearances by a law firm before the judicial officer when the judicial officer's child is employed by the law firm as a summer law-student clerk. Specific information about the length of time the child has worked with the firm, the capacity in which the child currently works for the firm, whether the child worked on the case, and any other relevant information which would enable the parties or their respective attorneys to make a decision on a disqualification motion would need to be disclosed and addressed in those cases. There is no obligation imposed on counsel to investigate the facts known by the judicial officer that could possibly disqualify the officer. The judicial officer is duty-bound to disclose them sua sponte.
8/95	3E(1)	Disqualification: Disclosure (family relationship)	In a two-magistrate county, a magistrate may process traffic tickets issued by the magistrate's police officer child for those defendants who want to plead guilty or no contest and pay their fine if, based upon the defendant's initiation of contact with the magistrate court, it is clear that the defendant wants to plead guilty or no contest, the family relationship is fully disclosed by the magistrate and the defendant still wants to plead guilty or no contest and pay the fine. If the defendant indicates any reluctance, the magistrate needs to recuse himself or herself and refer the case to the other magistrate.
11/3/95	3E(1), State ex rel. Brown v. Dietrick, 191 W.Va. 169, 444 S.E.2d 47 (1994), and Tenant v. Marion Health Care Foundation Inc., 1995 WL 361802 (W.Va. 1995)	Disqualification: Disclosure (family relationship)	Under this canon and these cases, a judicial officer whose son is employed in the Attorney General's Office as a paralegal must disclose on the record the relationship of the judicial officer's son to the Attorney General's Office when lawyers from that office appear before the judicial officer. Following this disclosure, a judicial officer may recuse himself or herself or the parties may move for the judicial officer's disqualification.
2/19/96	3E(1), State ex rel. Brown v. Dietrick, 191 W.Va. 169, 444 S.E.2d 47 (1994) and Tenant v. Marion Health Care Foundation Inc., et al, 194 W.Va. 97, 459 S.E.2d 374 (1995)	Disqualification: Disclosure (family relationship)	A family law master must disclose on the record the fact that a spouse's law office associate is serving as a guardian ad litem in a case before the family law master. The family law master is not automatically disqualified from hearing the case; once the disclosure is made, however, the parties may move to disqualify the family law master. [The same would apply to any other judicial officer.]
2/7/97	2A, 2B, 3E(1), State ex rel. Brown v. Dietrick, 191 W.Va. 169, 444 S.E. 2d 47 (1994) and Tennant v. Marion Health Care Foundation Inc., et al, 194 W.Va. 97, 459 S.E. 2d 374 (1995)	Disqualification: Disclosure (family relationship)	At a minimum, a magistrate would need to disclose the fact that the magistrate's assistant is the spouse of the law-enforcement officer, a prosecutor or assistant prosecutor in any criminal matter heard by the magistrate. A magistrate may be disqualified from hearing a criminal matter if the spouse of the magistrate's assistant is a law-enforcement officer or prosecutor; however, there would be no per se disqualification of the magistrate in those cases unless the facts fall within Canon 3E(1)(a), (c) and (d), which set forth specific situations requiring disqualification. A case-by-case analysis would be required and the extent of the involvement of the spouse in the criminal matter would be an issue in determining if the magistrate is disqualified based on the specific facts presented. [The same principles would apply when the relationship is close family member of the assistant or of the magistrate.]
6/23/97	3E (1), State ex rel. Brown v. Dietrick, 191 W.Va. 169, 444 S.E. 2d 47 (1994)	Disqualification: Disclosure (family relationship)	A magistrate whose spouse is an elected member of a municipal governing council is not automatically required to recuse himself or herself from all cases involving the police department of that municipality, but the magistrate should disclose his or her spouse's relationship with the municipality when a case involving the municipal police department comes before the magistrate.
12/28/99	3E(1)	Disqualification: Disclosure (family relationship)	In cases involving the law firm in which the brother of the presiding judicial officer is a partner, the judicial officer must disclose the relationship on the record to all parties and must ascertain whether his or her sibling has any involvement in the case being heard. The sibling relationship does not serve as a per se disqualification.
10/24/00	3E	Disqualification (family relationship)	A family law master is not automatically disqualified from a case solely because his spouse is employed in a clerical position in WVDHHR in the Region in which he is serving. Disqualification, however, would be required if such spouse worked directly on the case. Disclosure of such employment should be made to the parties.
8/25/98	3E(1)	Disqualification: Disclosure (former attorney to criminal defendant)	There is no per se requirement pursuant to Canon 3E(1) that a judicial officer disqualify himself/herself from sentencing a criminal defendant whom the judicial officer represented in another criminal matter when the judicial officer practiced law. However, the judicial officer should disclose the former representation on the record and give the parties and their counsel an opportunity to make any motions they feel are appropriate.
11/1/95	3E(1)	Disqualification: Disclosure (former employment as child advocate)	It is mandatory for a family law master who formerly served as a child advocate to recuse himself or herself in those cases in which he or she served as an attorney for the child advocate office. For other cases for which the family law master had responsibility in the child advocate office, but it is unclear as to whether the family law master served as counsel in them, the family law master must disclose to the parties his or her previous employment and responsibilities as a child advocate. "There is no obligation imposed on counsel to investigate the facts known by the judicial officer that could possibly disqualify the officer. The judicial officer is duty bound to disclose them sua sponte." (15 August 1995 advisory opinion).
3/16/99	2A, 3(E)(1)	Disqualification: Disclosure (judicial officer's attorney in adoption proceeding)	If a judicial officer uses a local attorney to assist him/her in adopting a child, then the judicial officer must disclose this relationship in all cases in which the attorney appears before him/her. Moreover, the judicial officer should recuse himself/herself in all cases when asked to do so after the relationship has been disclosed. The above opinion applies even when the judicial officer has not actually employed the attorney or paid the attorney a retainer fee, but has named the attorney who will represent him/her in the adoption proceeding.
12/9/94	3E (commentary)	Disqualification: Disclosure (personal claim against insurer)	A judicial officer, sustaining property damage and personal injuries in a motor vehicle accident caused by an individual covered by liability insurance, should inform the lead counsel for the liability insurance company of the pending personal claim. In addition, when learning that this particular insurer is involved in litigation pending before the judicial officer, he or she should, on the record, inform counsel for both parties of the pending personal claim and offer them an opportunity to move for disqualification.
12/28/99	no Canon cited	Disqualification: Disclosure (spousal relationship of law clerk)	A judicial officer has an affirmative duty to disclose to all parties involved when his or her law clerk’s lawyer spouse or the spouse’s firm appears before the court; however, the judge is not required to recuse himself or herself. The law clerk has an affirmative duty to inform the judge of any case that his or her spouse has participated in either through the law firm or on his or her own so that a "Chinese wall" may be built around the case in order to ensure that the law clerk does not participate in any manner with the handling of that case.
2/19/02	3CE	Disqualification: Employment as paralegal in law firm	A case coordinator must be disqualified in pre-mediation screening activities where his impartiality might reasonably be questioned because of his previous work with the law firm. The responsibility for adhering to this requirement rests with the judge.
11/25/96	3E(1)(b)	Disqualification: Employment (former employment as a part-time assistant prosecutor)	A judicial officer who is a former part-time assistant prosecutor must recuse himself or herself in any cases which were pending in the prosecuting attorney's office while the judicial officer served as a part-time assistant prosecuting attorney. The judicial officer should also disqualify himself or herself from any criminal cases about which he or she communicated with anyone while acting as assistant prosecuting attorney or any criminal cases about which he or she knew of communications with other attorneys in the prosecuting attorney's office before those cases came to the prosecuting attorney's office. A judicial officer should disclose information that the judicial officer believes the parties or their lawyers might consider relevant to the question of disqualification even if the judicial officer believes there is no real basis for disqualification.
8/9/94	3E(1)(a) & (b)	Disqualification: Employment (former employment as child advocate)	Family law masters who had been child advocates are required to recuse themselves from hearing certain cases related to the former employment. In addition to cases the judicial officer initiated while a child advocate, disqualification is required when the judicial officer acting as a child advocate: had served as a lawyer in a matter presently in controversy; had practiced law with a lawyer involved in a matter now in controversy; or has personal knowledge of facts currently in dispute.
9/17/93	3E(1)(b)	Disqualification: Employment (former employment as prosecutor)	A judicial officer who was formerly a prosecuting attorney is prohibited from hearing civil cases involving defendants who were also defendants in criminal cases when the judicial officer was a prosecutor. [Advisory opinions of 6-7-85 made under the former Code and of 1-5-93 made under the current Code were referenced.]
1/5/93	3E(1)(b)	Disqualification: Employment (former employment with prosecutor's office)	A judicial officer may not hear criminal cases handled by a prosecutor's office during the judicial officer's prior employment with that office. Such disqualification is not subject to waiver. [Advisory opinion of 6-7-85 made under the former Code dealing with when remittal applies to disqualification was referenced.]
3/16/99	3E(1)	Disqualification: Employment (former employment with public defender's office)	A judicial officer who was formerly employed as an attorney for the public defender's office must recuse himself/herself in all cases in which he/she served as an attorney and must disclose his/her prior employment in all other cases involving the public defender's office.
4/30/97	3E(1)(b)	Disqualification: Employment (former law practice associate)	A family law master may not hear any cases in which one of the parties is represented by a former private law firm associate of the family law master if the former associate was representing the party at the time of the law firm association. However, a family law master may hear cases which came to the law firm after the family law master left; but for a reasonable period of time after leaving, the family law master should disclose this former relationship in such cases.
11/16/98	3E	Disqualification: Employment (former law practice partner)	It is inappropriate for a judicial officer, whose former law partner worked as a part-time assistant prosecuting attorney handling juvenile and child abuse and neglect cases, to act as a circuit judge with regard to juvenile and child abuse and neglect cases in which the former law partner has or will appear as assistant prosecuting attorney. This disqualification continues for any case begun while the judicial officer and former partner were practicing together. The judicial officer would not be automatically disqualified from other matters involving the prosecuting attorney's office during the time the former partner was an assistant prosecuting attorney if the former partner was not personally involved in those matters because of the "Chinese wall" the judicial officer and former partner built when the judicial officer was in private practice. The judicial officer, however, should disclose his or her relationship with the former partner in all cases that come before him or her in which the former partner was involved as an assistant prosecuting attorney or in which the prosecuting attorney's office was involved. The disclosure requirement applies to any case opened by the prosecuting attorney's office while the judicial officer and former partner had their partnership arrangement.
8/10/94	3E(a)	Disqualification: Employment (former service as guardian ad litem)	A mental hygiene commissioner who served as a guardian ad litem of a person in an incompetency proceeding is disqualified from hearing a petition for appointment of a guardian or conservator of that person.
2/17/95	2A & 3E	Disqualification: Employment (judicial officer's association as special counsel with law firm having litigation interests with party appearing before the judicial officer)	A judicial officer who is associated as special counsel with a law firm is disqualified from serving on a panel to decide a petition for rehearing filed by a party having litigation interests in other matters involving the judicial officer's law firm. [This apparently is a situation in which the judicial officer is a retired judge recalled to service.]
3/9/95	3A, 3B(1), 3E	Disqualification: Employment (judicial officer's employment of secretary formerly employed by prosecutor)	A judicial officer is not disqualified from presiding over criminal cases as a result of employing a secretary who formerly worked in the prosecuting attorney's office where the secretary handled no grand jury investigations and very few criminal indictments. The work of a secretary in the office of the prosecuting attorney does not place the secretary in the position of preparing cases, developing strategies, or interviewing witnesses and therefore would not result in a conflict sufficient to justify disqualification of the employing judicial officer.
6/7/85	3C	Disqualification: Employment (URESA cases brought when judge was prosecutor)	Judicial officer should disqualify self from cases brought under the Revised Uniform Reciprocal Enforcement of Support Act while he or she was prosecuting attorney in county where he or she now sits as judicial officer.
2/25/94	3E(1)(d)(ii)	Disqualification: Family relationship	A judicial officer is disqualified from presiding at proceedings in which a nephew by marriage is an attorney.
2/7/97	3E(1)(d)(i)(ii) (iii) (iv)	Disqualification: Family relationship	The employment of the third cousin of a judicial officer as a paralegal/office manager by the prosecuting attorney would not have any effect on the judicial officer's handling of criminal matters.
12/5/89	3C & 3D	Disqualification: Family relationship	Judicial officer married to police chief is disqualified from sitting on any cases involving chief's department, unless disclosure made of relationship and agreement obtained from all lawyers and parties.
2/25/94	3E(1)(d)	Disqualification: Family relationship	A magistrate whose spouse is a prosecuting attorney is disqualified from being involved with all criminal cases, even those handled solely by an assistant prosecuting attorney. Disqualification in such a situation extends to handling search warrants and domestic violence petitions as well as to conducting initial appearances and plea proceedings.
9/23/92	3C & 3D	Disqualification: Family relationship	A judicial officer whose spouse is secretary to a prosecuting attorney is disqualified from presiding in criminal cases involving the prosecutor's office unless disclosure of the relationship is made and a written agreement is signed by all parties and lawyers; the agreement shall become part of the case file.
11/3/95	No CANON cited	Disqualification: Family relationship	The spouse of a part-time family law master may be employed by a church for which the part-time family law master is a trustee without raising any relevant ethical implications regarding the position of the part-time family law master.
4/12/93	3E(1)	Disqualification: Family relationship	A judicial officer is prohibited from hearing any matter presented by a sole practitioner who is the employer of the judicial officer's spouse.
12/12/94	2A & 3E	Disqualification: Family relationship	A judicial officer whose spouse is employed by a corporation providing services to court-referred juveniles is disqualified from hearing cases involving the corporation, and the judge may not refer juveniles to the corporation.
12/28/99	3E	Disqualification: Family relationship	A judicial officer elected in the same county in which his or her child is elected county prosecutor is disqualified from hearing any court proceedings involving the prosecuting attorney’s office in that county.
3/16/99	3E(1)	Disqualification: Family relationship	A judicial officer should disclose his/her spouse's employment as an attorney with the Bureau of Child Support Enforcement since the Bureau reviews recommended orders of family law masters and occasionally seeks enforcement of court orders. Because the judicial officer does not have contact with the cases until they have been processed by the family law master, the disclosure, including a brief description of the spouse's job, may be made at the circuit clerk's office or may be made by the family law master.
4/14/00	2A	Disqualification: Family relationship	In order to avoid the appearance of impropriety, a family law master may not preside over cases in which his or her spouse has acted as mediator.
4/5/95	3E(1)	Disqualification: Family relationship (son of magistrate assistant is a bail bondsman)	A magistrate must recuse himself or herself in any case in which the son of his or her magistrate assistant serves as a bondsman and the bond becomes an issue.
3/1/93	3E(1) and commentary	Disqualification: Family relationship (brother's employment)	It would be improper for a judicial officer to hear cases in which the officer's brother, who is an attendance director with a board of education, is a party or has to testify in a matter before the court.
1/20/95	3E(1)(d)(ii)	Disqualification: Family relationship (child's fiance)	Since there is no provision in the Code of Judicial Conduct allowing it, where a judge's son or daughter is engaged to an attorney who routinely represents a party in uncontested divorce cases before the judge, the parties may not waive any conflict of interest in those cases. Because the judge's impartiality might reasonably be questioned, the judge must recuse himself or herself from cases in which a son's or daughter's fiance is an attorney.
3/1/93	3E(1)(c)	Disqualification: Family relationship (daughter's employment)	A judicial officer is not disqualified from hearing cases involving attorneys in a law firm employing the officer's daughter when the daughter is married and not a member of the judicial officer's household.
9/2/94	[3E]	Disqualification: Family relationship (daughter's law practice)	It is permissible for a family law master to hear a case in which a party has been represented in another, non-domestic matter by an attorney who is the daughter of the master.
12/15/95	3C(4) & 3E(1)(d)(ii)	Disqualification: Family relationship (placement of judge's attorney child on circuit court appointments lists)	It is permissible for an attorney child of a judge who is practicing law in the judge's circuit to be placed on the circuit court criminal-case appointments list if it is in compliance with the administrative order of the Supreme Court of Appeals specifically detailing the procedures by which the child may be appointed from the list and if either another sitting judge or a special judge presides over cases and proceedings in which the judge's child is counsel of record. Appointments must be made strictly on a rotation basis and the orders appointing the child must be signed by the other judge or the special judge hearing the matter. The parent judge may instruct the grand jury generally by giving standard instructions to cover all cases that may be considered in a given term and would not relate specifically to any case or charge involving one of the judge's child's clients or cases. The parent judge may conduct general indoctrination of the whole jury panel as to their duties, responsibilities, etc., so long as the indoctrination is generic and not specific with regard to participate in the selection of any petit jury when his or her child is representing either a criminal defendant or a party in a civil action.
6/14/95	3(E)(1) and 3(B)(1)	Disqualification: Family relationship (son-in-law of assistant to a judicial officer is a criminal defendant)	A recusal by a judicial officer is required in a case involving the son-in-law of an assistant to the judicial officer when the assistant discusses the matter with the judicial officer previous to an initial appearance of the son-in-law. A judicial officer is required to hear matters assigned except those requiring disqualification; since there is not a relationship otherwise requiring recusal, a judicial officer is not automatically disqualified from hearing subsequent matters involving the assistant's son-in-law unless the assistant has discussed the facts of the case with the judicial officer prior to the subsequent hearing.
3/12/87	3C	Disqualification: Financial interest	Judicial officer is not disqualified from case which will affect land taxes in county where spouse owns land, because spouse's land is on border and taxes are paid to neighboring county.
6/10/02	3E(1)(a)	Disqualification: Judges defendant in non-related law suit	Judge asked whether being named a defendant, as individual, in a civil action so personalized the action as to foreclose the Judge from sitting on other actions in which the attorney, bringing the action against the Judge, appeared. Citing Advisory Opinion dated April 8, 1987, and Tennant v. Marion Health Care Foundation, Inc., 1994 W.Va. 97, 459 S.E.2d 374 91995), the Commission advised that such facts did not require disqualification and that each case must be determined in its own. The determining factors being whether the judge had a personal bias or prejudice which would require the judge to recuse himself. Disqualification is not required per se.
10/14/88	2A & 3C	Disqualification: Financial interest (stock ownership)	Improper for judicial officer to sign default in case in which bank in which he or she owns stock is a party.
2/19/96	3E(1)(d)(iii)	Disqualification: Financial interest (stock ownership)	Ownership of slightly more than 100 shares of Bell Atlantic stock by a judicial officer and spouse is a "de minimis interest." A "de minimis interest" is "an insignificant interest that could not raise a reasonable question as to a judge's impartiality." A judicial officer with this amount of ownership interest in Bell Atlantic stock would not be disqualified from hearing two default judgment proceedings in which Bell Atlantic is a party plaintiff.
6/24/02	NONE	Disqualification: Financial interest (stock ownership)	Judge owns stock in various companies which are also involved in litigation pending before the Judge. A judge seeks assistance in determining whether divestiture of stock in such litigant company would resolve conflict problems or whether recusal was necessary. JIC declined to decide, stating that the matter should be handled as a motion to recuse and handled under relevant trial court rules.
4/8/87	3C	Disqualification: Other (legal action pending against judicial officer)	Judicial officer is not disqualified from case because attorney bringing case has brought action in another court against same judicial officer in his or her official capacity.
6/23/97	3E (1) (a)	Disqualification: Other (personal bias)	A magistrate is required to recuse himself or herself in cases involving an attorney with whom the magistrate has a perceived conflict such that the magistrate feels that he or she cannot render a fair and impartial decision.
6/23/97	3A (1)	Disqualification: Other (previous involvement with MADD)	A magistrate with extensive involvement with the Mothers Against Drunk Driving advocacy organization before taking office should be disqualified from hearing alcohol-related offenses which were committed before the magistrate took office, including any case in which a prior conviction for such offense is used to enhance an alcohol-related offense committed after the magistrate took office.
6/7/85	3C & 3D	Disqualification: Other (remittal)	When judicial officer is disqualified due to previous practice with an appearing lawyer during pendency of the case, remittal of disqualification under Canon 3D is not available; when judicial officer is disqualified because of relationship to appearing lawyer (and resulting financial interest), remittal is available.
6/11/87	3C	Disqualification: Other (remote pecuniary interests)	Decision to recuse is to be made by the justice involved, not other members of the court; justice need not disqualify self from a case in which he or she has remote or possible interest.
3/4/96	4G & 6B(2) and Administrative Rule on Retired Judges Admitted to Senior Status (a)(3)(B)	Disqualification: Other (senior-status justice or judge representing clients before the Supreme Court)	A senor-status justice or judge is disqualified from assignment to duty as a special justice on the Supreme Court if the justice or judge, while engaged in a limited practice of law, had any matters filed in the Supreme Court or represented any clients before that court.
11/16/01	3(E)(1)	Disqualification: Wife's employment	Family Law Master’s wife was to engage in a practicum and internship with an entity, which does counseling services. Citing Cannon 3 and Brown v. Detrick, 191 W.Va. 169, 444 S.E.2d 47 (1994) and Tennant v. Marion County Health Care Foundation, Inc. 194 W.Va. 97, 459 S.E.2d 374 (1995), the inquirer was advised to disclose his wife’s employment in any cases the agency was involved in and to recuse himself in cases in which his wife was involved in any way.
11/5/90	[2 & 3C(1)]	Disqualification: Family relationship (uncontested divorce proceedings where circuit judge is close relative of family law master in same circuit)	It is neither a conflict of interest nor an appearance of impropriety for a circuit judge to hear only uncontested divorce matters even though a close relative presides as the family law master in the same circuit. This opinion is limited to the specific facts raised in the request for an advisory opinion.
5/9/03	None	Disclosure of Information in Juvenile Files	Family Court Judge has obtained information from a juvenile file, which he believes is relevant to his decision in a Family Court Case. Case is now before Circuit Court and Family Court Judge seeks advisory opinion on the extent to which he may reveal the juvenile file information. JIC advises that the issues raised are legal rather than ethical and that the Family Court Judge would be bound by the Circuit Court ruling regarding disclosure of such information.
3/28/95	4D(3)	Employment	A judicial officer may not work part-time as a salesperson for a business entity.
7/3/07	Article 8, Section 7 of the WV Constitution	Employment	The Commission advised that it would not be appropriate for a Mental Hygiene Commissioner to concurrently serve as a Municipal Judge.
6/12/08	None cited	Outside Employment	The Commission advised a judge that he/she should instruct an attorney who the judge was going to hire as a law clerk, and who was also serving as a member of the County School Board, that the attorney should, pursuant to the requirements of the personnel manual for judicial employees, request direction and/or authorization from the Administrative Director of the Supreme Court as to whether or not he/she could engage in outside employment as a member of the County School Board.
6/12/08	None cited	Outside Employment	The Commission advised a Mental Hygiene Commissioner that if he/she was to become a Probation Officer, he/she should, pursuant to the requirements of the personnel manual for judicial employees, request direction and/ or authorization from the Administrative Director of the Supreme Court concerning whether or not he/she could engage in outside employment as a Mental Hygiene Commissioner.
6/14/07	Article 8, Section 7 of the WV Constitution	Employment	The Commission advised that it would not be appropriate for a Mental Hygiene Commissioner to concurrently sit as an elected member of a city council.
5/21/07	None Cited	Employment	The Commission advised that there would be no impropriety if the wife of the judge’s bailiff were to take a secretarial position in the prosecuting attorney’s office. The Commission further advised that the judge should be careful not to discuss cases from the prosecuting attorney’s office with his bailiff while the bailiff’s wife worked for that office.
2/18/05	3C(4) §62-12-5(d)	Employment	Due to the provisions of W.Va. Code § 62-12-5(d), a Judge may not appoint as probation officer a cousin and relative of the sixth degree, common ancestors being great-grandparents. Canon 3C(4) standing alone would not prohibit such appointment so long as the employment was based on merit and not nepotism or favoritism.
2/14/03	1 and 2	Employment (magistrate assistant who also is employed as dispatcher for police department)	Magistrate seeks to employ a magistrate assistant to fill a vacancy. Prospective employee wants to keep position as dispatcher for local police department. JIC advises that Magistrate could not employ such person if she would continue to work as dispatcher since such activity would distort the appearance of independence and impartiality, which a court and a judicial officer must maintain.
03-10-03	4D(3)	Employment Supermarket	Magistrate may not be an employee of a supermarket and further may not be an employee of any business entity unless such participation falls within the limited exceptions in Canon 4D(3).
2/19/96	4D(3)	Employment	A judicial officer may not serve as the director for a West Virginia company that is not: (a) a business closely held by the judicial officer or members of the judicial officer's family or (b) a business primarily engaged in investing the financial resources of the judicial officer or the judicial officer's family.
12/13/96	4D(3)	Employment	A judicial officer may not serve as a real estate agent or as the employee of a real estate agency [not owned and operated by the judicial officer].
10/23/96	2A(4) & B(1)	Employment (as a private investigator)	A magistrate may not act as or accept employment as a private investigator
7/5/94	3C	Employment (hiring)	A judicial officer may appoint any person to a position over which the judicial officer has appointment authority if the appointment is on the basis of merit and does not involve favoritism.
1/5/93	3C(4)	Employment (hiring, nepotism)	It would be improper for a judicial officer to employ a sister-in-law.
08/05/02	NONE	Employment: Law Clerks seeking employment	After a Clerk interviews for a job with a prospective employer, be it private or public, that clerk should be screened from participation in any case involving that prospective employer. Judge is not obligated to recuse himself in such cases so long as the clerk is properly screened.
11/5/90	2B & 3B(4)	Employment (marital relationship of magistrate clerk and chief judge)	Code of Ethics not violated, and magistrate clerk need not be terminated when her husband becomes chief judge, where: (1) her appointment was by a former chief judge; (2) she subsequently married an attorney who later became a judge. This opinion is limited to the specific facts raised in the request for an advisory opinion. [This opinion does not address the possibility of the appearance of impropriety, Canon 2A, or W.Va. Code 6-10-1 ("The employment of his wife at public expense by any official or employee of the state is expressly prohibited.").]
8/29/97	3C (4)	Employment (nepotism, employment of probation officers)	A circuit judge's relative within the third degree is not disqualified on the basis of nepotism from being selected as a probation officer in the same circuit if (1) the judge is not involved in any manner in the selection process; (2) the selection criteria do not show favoritism; (3) the same objective standards are applied to all candidates interviewed, including numerical scores; (4) the selection is based on merit; and (5) the relative will not appear before the judge or handle any cases in which he presides.
12/11/97	Canon 3C(4) and W. Va. Code § 6-10-1	Employment (official court reporter for a circuit court could not continue employment if fiancee appointed as judge in that circuit)	The fiancee of a candidate for appointment for the unexpired term of a circuit court judge may not continue her employment in the position of official court reporter for the circuit court if the candidate is appointed as judge in that circuit nor would she be able to continue her employment if she and the candidate were married when the candidate is appointed as judge in that circuit.
05/07/02	6, 4	Employment: Senior Status Judge as hearing examiner for DEP	Senior Status Judge may not serve as hearing examiner for DEP because Canon 4(F) limits such judicial activity only to those activities expressly permitted by law. See also June 17, 2002 Advisory Opinion.
06/17/02	4F 6B, 6E, 6F	Employment: Senior Status/Retired Judge as independent examiner for DEP	Senior Status/Retired Judge seeks an opinion as to whether employment as an independent examiner for the Division of Mining and Reclamation of the Department of Environmental Protection would be permitted under the Canons. A previous opinion requested by a different Judge stated that Canon 4F precluded such service. In this request more detail regarding the role of the independent examiner was provided. The Commission concluded that while Canon 6 permits a senior status Judge to serve as an arbitrator or mediator, Canon 4F prohibits such senior status Judge from the exercise of other judicial functions unless expressly authorized by law. Therefore, a senior status Judge may not be employed as an independent examiner since that function would require performance of judicial functions. Since Canon 6B(3) and Canon 6E specifically exempt retired judges not admitted to senior status, from the application of Canon 4F, such retired judges may serve as such independent examiner.
6/14/95	[No canon cited]	Employment (spouse's employment)	It is not a violation of the Code of Judicial Conduct for the spouse of a judicial officer to be employed as a director of development at a private school which the judicial officer's children attend.
11/11/91	2	Employment (spouse of magistrate assistant as private process server)	Improper for magistrate assistant's spouse to engage in the business of private process service, because of the appearance of impropriety. It presents an actual conflict in those cases in which the magistrate would have to determine the sufficiency of process. And it may result in the public perception that an advantage could be gained in the magistrate court by use of the services of that process server. [The same would appear to apply with respect to the spouses of other employees of the judicial officers.]
12/17/04	3B(7) & 3D	Ex Parte Communication Disciplinary Responsibilities	JIC found that a mental hygiene commissioner could communicate with medial staff to make sure that the security of the court and individual appearing in court is maintained and that the respondent is provided the best possible hearing. The merits of case are not to be discussed; no procedural or tactical advantage is to result from the conference, and the commissioner is promptly to notify all parties of the substance of the conference. JIC noted that the mental hygiene commissioner is appointed by and serves at the will and pleasure of the chief circuit judge. If the judge becomes aware of ethical violations of a commissioner, the judge has an obligation to comply to Canon 3D’s disciplinary responsibilities.
2/12/07	3	Ex parte communication	It was the opinion of the JIC that the provisions of Canon 3B(7) addressed the issues raised by the Judge. Canon 3B(7) permits, where circumstances require, ex parte contacts to handle scheduling or administrative matters if provision is made by the Judge to promptly notify all other parties of the ex parte communication and allow them an opportunity to respond.
5/21/98	4A	Extra-judicial activities (serving on a police department advisory board)	A judicial officer may not serve on an advisory board of a police department which participates in reviewing hiring, training and employing of law-enforcement officers and support personnel; paying overtime to presently employed law-enforcement officers and necessary support personnel; and procuring equipment, technology and other material directly related to basic law-enforcement functions. An individual from a local court such as a court administrator would be better suited to serve on such an advisory board.
6/3/09	4C	Extrajudicial activities	The Commission said that it would not issue an advisory opinion to a judge who had inquired whether a judicial officer was prohibited from serving upon all commissions or only those commissions in which the governor appoints the judicial officer as a member of the commission. The Commission felt that it was being asked to interpret a provision of the West Virginia Constitution (Article VIII, Section 7) and felt that such an interpretation was not within the Commission’s authority.
6/12/09	4C	Extrajudicial activities	The Commission advised that a judge could not accept an invitation to be a "celebrity server" at a Court Appointed Special Advocate (CASA) fund raising event in light of the language in Canon 4 of the Code of Judicial Conduct which states that a judge may not solicit funds for any organization or permit the use of the prestige of the office for that purpose.
8/11/09	4C	Extrajudicial activities	The Commission advised that a judge could accept an invitation to become a member of the Kiwanis Club as long as pursuant to the provisions of Canon 4 of the Code of Judicial Conduct, the organization was not engaged in proceedings that would ordinarily come before the judge; the judge did not engage in fundraising for the organization and the judge did not give investment advice to the organization.
3/23/09	4	Extrajudicial activities	The Commission advised that a judge should not accept the Board of Education’s invitation to serve on the Comprehensive Educational Facilities Plan Committee since the Board of Education is an organization likely to be engaged in proceedings that would come before the court. The Commission also advised that the judge should not continue to serve as spokesperson for the Jonathan Hope Foundation, or be interviewed by the media about the foundation since it would be difficult for the public to distinguish between the foundation’s fund-raising activities and the judge’s service as circuit judge.
11/25/09	4	Extrajudicial activities	The Commission advised that a magistrate could serve as a trustee on the Trustee Committee at the magistrate’s church as long as the magistrate remained cognizant of the prohibition against fund-raising activities.
11/25/09	4	Extrajudicial activities	The Commission advised that, prior to the date he/she assumed office, i.e., January 1, 2009, a newly elected judge should remove himself/herself from a pending federal case in which he/she was involved. The Commission also advised that the judge could prepare fee petitions for legal work he/she performed prior to December 31, 2008, in a number of cases so that he/she could be fairly compensated for said work.
2/5/09	4	Extrajudicial activities	The Commission advised that a judge would be permitted to continue to own rental property as long at the rental property business activity did not involved frequent transactions and did not involve business activity with lawyers or other persons likely to come before the judge’s court.
2/12/09	4	Extrajudicial activities	The Commission advised that a juvenile referee should not be a member of the board of directors for a nonprofit charitable corporation whose purpose is to operate a drug testing laboratory for the benefit of drug courts and other treatment courts in West Virginia. The Commission also advised that a court employee who is not a judicial officer, such as a court administrator, should not serve on the board of directors for such a nonprofit charitable organization since an appearance of impropriety could be created. (A minority of the members felt the Court should address this issue).
6/11/08	4	Extrajudicial activities	The Commission advised that a magistrate could serve as a volunteer at the Volunteer Fire Department’s monthly breakfasts as long as the judge was not directly involved in any of the fund raising. The Commission also advised that a magistrate could not become a member of the local Chamber of Commerce since that organization could be construed as a civic organization conducted for the economic or political advantage of its members.
3/10/08	4 & 5	(1) Extrajudicial activities and (2) Political activity	Re (1): The Commission advised that a judge could not serve on the board of directors for, or be a member of, a foundation or organization that would regularly be engaged in adversarial proceedings in magistrate court for the purpose of collecting monies owed to the foundation or organization. Re (2): The Commission advised that as a judicial officer, a judge must utilize a campaign finance committee to handle fund-raising activities.
3/24/08	4	Extrajudicial activities	The Commission advised an attorney that he may remain a member of a limited liability company while he is a candidate for judicial office but would not be permitted to remain a member of the company if elected to the judicial position.
4.30/08	4	Extrajudicial activities	The Commission advised that a judge should not accept remuneration or an honorarium for officiating at weddings during work hours or on weekends, or after work hours.
6/15/07	4B	Extrajudicial activities	The Commission advised that it would not be improper for a judge to accept an invitation to participate in an American Bar Association Workshop that dealt with product liability trials and which was open to the public. The Commission further advised that the judge should be careful not to discuss any of his/her specific pending or impending cases during his/her participation in the workshop.
6/11/07	4C	Extra-judicial activities	The Commission advised that it would not be improper for a judge to accept an invitation to become a member of the Red Cross Board of Directors. The Commission further advised that in such a situation, a judge must remain particularly aware of the prohibitions against soliciting funds and against using, or permitting the use of, the prestige of the judicial office for fund raising purposes.
1/22/07	4	Extra-judicial activities	It was the opinion of the JIC that the Code of Judicial Conduct would not prohibit the Judge from informing the legislature about the importance of the visitation center facility as it relates to the administration of justice. However, it was the opinion of the JIC that it would be inappropriate for the Judge to organize a continuing legal education seminar that would raise funds for the visitation center facility.
12/19/06	4	Extra-judicial activities	It was the opinion of the JIC, in light of the Magistrate’s representation that he/she was unaware of any cases having been filed in Magistrate Court pertaining to the Men’s Shelter, that it would not be inappropriate for the Magistrate to serve on the Men’s Shelter Board of Directors.
3/14/06	1 and 4A	Extra-judicial activities	It was the opinion of the JIC that, in order to protect the integrity, independence and impartiality of the judiciary, the judge should not accept the invitation of a Crisis Center to appear before and speak to a group responsible for deciding whether or not to award a grant that supported the Crisis Center.
9/17/04	2 (A) and (B)	Extrajudicial Activity	Family Court Judge may properly provide a reference for law school admission to a domestic violence advocate who is regularly involved in proceedings in the Judge’s Court, Canon 2(B). A Family Court Judge may not properly speak at a one-day seminar for domestic violence advocates and domestic violence attorneys, based on the fact that the seminar is not open to all members of the bar.
4/20/04	4(A) and (B)	Extrajudicial Activity	Judge may, on a part-time basis and for compensation, teach a CLE session for Professional Education Systems Institute, LLC and for a WVU class.
2/14/03	4	Extrajudicial Activity	Magistrate may serve on a board, which is a cooperative effort of the Department of Family Medicine, the extension service of WVU and various rural health agencies. The main purpose of the Board is the recruitment of health care professionals. Service on the Board must fall within the guidelines of Canon 4.
2/6/04	4	Extrajudicial Activity	Judge asks if it is proper to serve on a Multi-Disciplinary Team established to advise on a project to establish comprehensive approaches to sex offender management. Citing the commentary to Canon 4, JIC advises that such service may be permitted.
2/6/04	4	Extrajudicial Activity	Family Court Judge may participate in a training video to be utilized by the Department of Health and Human Resources, Bureau of Child Support Enforcement. In the video the Family Court Judge would be explaining the court procedures followed in the Judge’s Court, as well as what documents and other evidence would be required in procedures conducted before the Judge’s Court.
3/3/04	1 & 4	Extrajudicial Activity	Judge could not properly serve as Honorary Chair or on the Committee to Commemorate the Annual Children’s Memorial Flag Day, a function of For Children, Inc. JIC opinion was driven by the fact that the judge’s name would appear on the letterhead of For Children, Inc. along with the names of other organizations which would appear to have issues, clients or other matters engaged in proceedings before courts on a regular basis. JIC stated that many of the organizations would be advocates in areas regarding issues or litigation.
05/03/02	2, 3, 4	Extrajudicial Activities Family Case Coordinator	Family Law Judge Case Coordinator may not drive a car advertising the bonding company for which her husband is employed. Such case coordinator should not continue to serve on the Women’s Center Board of Directors, since the organization could be engaged in proceedings that would ordinarily come before the Family Law Judge.
2/19/02	4(C)	Extrajudicial Activities Serving as a member of the Board of Multi-Cap	A judge may serve on the Board of Multi-Cap a community action agency as long as such service is within the purview of Cannon 4C. This means that such service would be proper as long as such organization does not appear before the judge’s court on a regular basis and as long as the organization does not serve for the economic or political advantage of its members. Fund raising on behalf of the organization would also be prohibited.
3/25/99	4A	Extrajudicial activities (serving on police department advisory board addressing juvenile delinquency issues)	A judicial officer may not serve on an advisory board whose membership includes the prosecuting attorney, clergy, attorneys and other individuals in the community and which was created from a grant to a police department for the purpose of discussing how to lower juvenile delinquency. Instead, a court employee who is not a judicial officer, such as a court administrator, is better suited to serve on the advisory board described above (see JIC Advisory Opinion 5/21/98).
5/21/98	4A, 4B, 5D	Extrajudicial activities (taking public position on proposed constitutional amendment)	A judicial officer may take a public position on the issue of a proposed constitutional amendment relating to the legislature's authority to create statutory courts in this State given that a judicial officer is uniquely suited to contribute to the improvement of the law, the legal system, and the administration of justice including revisions of law.
12/22/93	4D(1)(b)	Financial activities (gift of rental property)	A judicial officer may receive a gift of rental property as long as renters of the property do not include the county commission, which rents space for the judicial officer's law library and the prosecuting attorney, or other entities which would likely come before the court. It would be proper for an emancipated child not living in the judicial officer's household to receive a conveyance of such property, but improper if the conveyance included other children who are living in the household of the judicial officer.
12/19/05	4D(5)(h)	Financial Activities	The JIC advised that employees paid by the Administrative Office could accept a gift of a Christmas turkey from the County Commission if the strictures of Canon 4D(5)(h) are satisfied, that is, if the donor is not a party or person whose interests are likely to come before the judge.
11/21/05	4	Financial Activities	JIC advised that a judge could invest in a new out of state bank which did not include the area of the judge’s circuit in its market area. However, the JIC said that the judge would not be permitted to serve on the board of directors of the bank since that is prohibited by the provisions of Canon 4D(3).
8/19/05	4(D)	Financial Activities	Acceptance of accommodations and tickets, offered as part of an invitation to speak at a CLE, is a law related activity and does not violate any ethical rules.
2/23/05	4	Financial Activities	A judge may rent residential property to a probation officer serving in his or her court.
3/25/05	4	Financial Activities	Judge owns one-half of the stock in a corporation which has a single asset, a rental building. Judge’s son is a lawyer with the firm which wishes to rent the building. The judge would be required to recuse him or herself from cases involving the law firm. The provisions of Canon 4D(1) (a) prohibiting the judge from engaging in financial and business dealing which may reasonably be perceived to exploit the judge’s judicial position, however, would prohibit the judge from renting the building to the law firm.
5/17/04	4(C)(3)(b)	Financial Activities	Judge sponsors golf outing for attorneys. CASA volunteers want to use the event to raise money. Judges only involvement with the fund raising would be to supply CASA with the names of the attorneys or firms who have participated in the past or signed up this year. JIC advises such activity would not be permitted under the Canons.
4/30/04	4(D)(5)	Financial Activities	Judge at the request of the West Virginia Humanities Council assisted in obtaining a speaker to commemorate the 50^th anniversary of Brown v. Board of Education. Humanities Council was prepared to pay an honorarium, however, the speaker requested that in lieu of the honorarium, that the Council make a donation to his law school in the Judge’s name. JIC advised that Canons did not prohibit the donation.
9/2/03	4	Financial Activities	Judge’s former husband and former law partners shared office space with another attorney prior to Judge’s divorce. The attorney paid rent based upon her earnings. Upon the divorce the Judge relinquished any interest in the practice of the firm and the corporation which owns the building that houses the law practice and the other attorney. JIC advises that due to the severance, the Judge would not be in violation of Canon 4D and the attorney would not be prohibited from practicing before the Judge.
3/1/93	4D	Financial activities (stockholdings)	Judicial officers are not required to divest themselves of stock ownership in a corporation in which another shareholder is an attorney: however, judicial officers in such situations should recuse or disqualify themselves if the attorney-stockholder appears before them.
11/8/93	4D(1)	Financial activities (Weight Watchers group leader)	A judicial officer who is a member of Weight Watchers may serve as a group leader, for which service a small fee is paid.
1/07/05	1A, 2A	Free Speech	Citing Canons 1A and 2A and White v. Republican Party of Minnesota (2002) JIC declined to answer the specific question asked and urged that each judge look to his or her conscience and determine what speech might violate our Code by failing to preserve the integrity of the judiciary or by diminishing public confidence in its impartiality. The advisory opinion also expresses the view that the Canons need to be revisited in view of White.
7/26/88	5B	Fund-raising	Judicial officer may not be subject of a fund-raising "roast" for charity.
3/5/90	5B	Fund-raising	Judicial officer prohibited from participation in fund-raising aspects of charitable events.
11/3/95	4C(3)(b)	Fund-raising	A part-time family law master should not solicit funds for the spouse's church youth group. But see 10/7/94 opinion advising that a family law master may work in concession stands run by various groups supporting school activities and may as a member of a service club stand at the entrance gate at the county fair and collect the entrance fee, as distinguished from soliciting funds.
8/22/06	4C(3)(b)	Fund-raising	It was the opinion of the JIC that Canon 4C(3)(b) prohibits a Judge from writing a letter on behalf of a charitable organization when the organization is going to use the letter for fund-raising purposes.
4/11/96	4C(3)(b)	Fund-raising	A judicial officer should not participate in a charitable fund-raising activity sponsored by a local 4-H Foundation and the WVU Extension Service, with a judicial officer's picture, name, and title would be placed in one of several jars containing the picture, name, and title of other people in the community as contestants in a competition in which the winner is the person whose picture is in the jar with the most money at the end of the contest.
6/28/96	4C(2) and (3)(b)	Fund-raising	A judicial officer may not serve as an organization's chairperson for gift solicitations.
9/3/93	4D(5)(h)	Fund-raising (by judicial employees)	It is improper for judiciary employees to solicit funds from lawyers to purchase computer equipment that would be under the control of the Shorthand Reporter's Association.
10/7/94	4C(3)(b)	Fund-raising (civic and charitable fund-raising activities distinguished)	A family law master may work in concession stands run by various groups supporting school activities and may as a member of a service club stand at the entrance gate at a county fair and collect the entrance fee (distinguished from soliciting funds).
9/19/06	2 and 4	Fund-raising; Gifts; Appearance of Impartiality	It was the opinion of the JIC that the language of Canons 2 and 4 concerning the appearance of impropriety and the appearance of impartiality would make it inappropriate for the Judge to either accept the plaque offered by the women’s center or to attend the counseling service’s fund-raising dinner. It was also the opinion of the JIC that Canon 4D(5)(h) would make it inappropriate for the Family Court personnel to receive gifts from attorneys and other persons who regularly appear in Family Court.
4/12/93>	4D(5)(h)	Gifts (court employees	A court reporter may not accept an offer made by a local lawyer who practices before the Court to use a beach condominium at a very reduced rate; acceptance of such an offer at full fair rental value would not be prohibited.
03-10-03	4D(5)	Gifts	Judge received a cash door prize. JIC advises that such prizes are not considered gifts under Canon 4D(5) and, therefore, does not fall within the scope of the Code of Judicial Conduct.
6/14/95	4(D)(5)	Gifts (free service)	A court office may not accept complimentary basic TV cable service from a local cable company.
2/25/94	4C(1)	Governmental, civic or charitable activities	A judicial officer is permitted to appear before a county commission which is dealing with a plan to finance the construction of a courthouse annex in order to address the needs of the court system and to address the administration of justice.
1/24/06	4C(3)(b)	Governmental, civic, or charitable activities	It was the opinion of the JIC that the judge could attend the Mountain Dominion District Boy Scout Council’s Friends of Scouting dinner but could not accept their request to serve as Honoree because the event was a fund-raiser.
10/3/05	4C(3)(a)	Governmental, civic, or charitable activities	It was the opinion of the JIC, citing to Canon 4C(3)(a), that the judge should not accept the invitation to serve on the Board of Directors of West Virginia Advocates due to the likelihood of said organization being involved in future litigation before the courts.
4/15/05	4C	Governmental, civic or charitable activities	Citing Canon 4C(3) JIC advised that a judge may serve on a County Extension Service Committee.
10/7/94	4C(3)(a)	Governmental, civic or charitable activities	A judicial officer is precluded from serving as a member of the board of directors of legal services organizations and the Juvenile Justice Committee because these organizations and this committee are regularly involved in adversary proceedings in court. (See also commentary to this rule on the changing nature of some civic and charitable organizations.)
9/28/98	4C(3)	Governmental, civic, or charitable activities	A judicial officer may serve on an artistic committee of a symphony that consults with and advises the music director in the development of an artistic plan for the upcoming seasons, evaluates the programs from the previous and current seasons, discusses long-range artistic plans, and proposes artistic policies for the board to review as long as the judge's service remains within the purview of Canon 4C(3).
2/11/99	4C(1)(2)	Governmental, civic, or charitable activities	A judicial officer may serve on a committee that will perform a county governmental facility utilization study on whether to renovate an existing courthouse or to construct a new courthouse for the purpose of making recommendations to the county commission on this issue as long as the judicial officer's activity on the committee remains within the perimeters described in Canon 4. See also the advisory opinion dated 25 February 1994.
07/29/02	4C(3)	Governmental, civic, or charitable activities	Service on the Board of Directors of the Center for Multicultural Comity, established to develop a commemoration to the end of the “separate but equal” doctrine, is permitted so long as the Judge adheres to the principles set forth in Canon 4(C)(3).
05/07/02	4C, 5	Governmental, civic, or charitable activities Political Activity Fund Raising	Family Foundation, Inc. wants to use Judge’s home for fund-raising. Foundation is a charitable organization, which focuses on children and animal issues. Judge is in no way active in the fund-raising activity. Spouse of Judge wants to use home for political fund-raising. Judge would not be present or active in the fund-raising activity. The Commission concluded, based on Canon 4C, that such charitable fund-raising would be permissible so long as Judge was not involved in soliciting funds and did not allow his name to be used for such purposes. The Commission concluded, based on Canon 5, that such political fund-raising would be permissible so long as Judge was not involved in soliciting funds and did not endorse any candidate.
6/15/95	1 & 2A	Integrity and independence of the judiciary and avoidance of impropriety	A magistrate may not conspire with a conservation officer whereby the conservation officer agrees to write the magistrate a ticket for littering (which was not intended to be enforced) in order for the magistrate to appear before another magistrate to assess whether that magistrate follows proper procedures in conducting initial appearances. The conspiracy in this case included an agreement that the ticket would be withdrawn ("eaten") by the conservation officer. A motion to withdraw the complaint was filed after the magistrate was released on a $200 personal recognizance bond.
11/17/95	1, 2A & B	Integrity and independence of the judiciary and avoidance of impropriety	A magistrate may not, at the telephoned request of an individual, call the residence of the individual's ex-husband to inquire about the location of the individual's children when the children had not been returned to the individual pursuant to a court visitation order.
11/17/95	1, 2A & B	Integrity and independence of the judiciary and avoidance of impropriety	A magistrate may not telephone a complainant who files a complaint with the JIC and, during the telephone conversation, threaten the complainant with a law suit because of the allegations set forth in the complaint.
12/18/98	1, 2A, 4A	Integrity and independence of the judiciary and avoidance of impropriety (attending conference sponsored by West Virignia Coalition Against Domestic Violence)	It would give the appearance of impropriety for a judicial officer to attend a conference sponsored by the West Virginia Coalition Against Domestic Violence when one of the objectives of the conference is to develop ongoing coordinated community responses regarding the enforcement in West Virginia of the "full faith and credit" provisions of the federal Violence Against Women Act and West Virginia's domestic violence laws. Judicial officers may be trained on implementing the components of the federal Violence Against Women Act and components of West Virginia's domestic violence laws regarding "full faith and credit" as long as the Supreme Court prepares or adopts the materials used in the instruction to judicial officers; provides the instructors to do the training; and assures that discussion and comments be limited to the judges within the context of the instruction given to them. Additionally, any such materials prepared or adopted by the Supreme Court must contain a statement that the Court has prepared or adopted the instructional materials. [By way of an administrative order entered 16 March 1999, the Supreme Court has overridden the JIC advisory opinion issued 18 December 1998. The Court concluded that it would not be a violation of the Code of Judicial Conduct for judicial officers to attend a conference sponsored by the West Virginia Coalition against Domestic Violence.]
5/21/98	no Code cited	Integrity and independence of the judiciary and avoidance of impropriety	There is no legal or ethical prohibition against a judicial officer posting a copy of a statute, which was recently amended to mandate that the name of any juvenile adjudicated or convicted of a violent or felonious crime be made available to the public, in a juvenile probation office in order to provide notice to those coming into the office of the change in the law.
2/15/95	1, 2, 3,A & B(2) & (7)	Integrity and independence of the judiciary, avoidance of impropriety and maintenance of impartiality in the performance of judicial duties	A magistrate may not intercede with a police officer on behalf of a county official who received a speeding ticket in order to have the police officer withdraw the complaint.
2/22/95	1, 2A & 3A & B(7)	Integrity and independence of the judiciary, avoidance of impropriety and maintenance of impartiality in the performance of judicial duties	A mental hygiene commissioner may not interview, speak to, or receive information from prospective applicants or petitioners, witnesses, police officers, and others prior to, subsequent to, and outside of the custody/detention proceeding on a mental hygiene petition or application. Such activity places the mental hygiene commissioner in the position of advocate rather than a judicial officer. [See also § 27-5-1(c)]
3/28/95	1, 2A & B, 3A & B(2)(9) & (11)	Integrity and independence of the judiciary, avoidance of impropriety and maintenance of impartiality in the performance of judicial duties	A magistrate may not make public statements on the contents of a plea agreement wherein the defendant agreed to furnish information about various other criminal activities. In addition, Canon 3B(11) provides specifically that a judge "shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity."
4/20/01	4, 3B(9)	Instructional mock trial	A judge may serve as judge in a mock trial designed to teach firefighters how to better put together a case of arson. Attention was drawn to Cannon 3B(9) regarding making public comments about pending or impending proceedings which might reasonably be expected to affect its outcome or impair fairness.
12/13/95	3A, 3B(2), and W.Va. Code § 49A-4-14, State ex rel. Sullivan v. Watt, 187 W.Va. 447, 419 S.E.2d 708 (1992, and Matter of Osburn, 173 W.Va. 381, 315 S.E.2d 640 (1984)	Judicial duties (statute requires family law master to sign recommended order and notice form)	It is not appropriate for a family law master assistant to sign the family law master's name on an order or notice of recommended order. The statute requires the family law master to sign the recommended order and he or she must sign the notice form as well.
12/21/07	3	Judicial duties	The Commission advised that a judge may confer with his/her probation officers without having to either hold a hearing or notify the parties to the case or the prosecuting attorney handling the case. The Commission also advised that when attorneys serve as the judge’s campaign committee chairman and treasurer, a judge must disclose this fact to all parties whenever the attorneys in question appear before the judge in court.
	3	Judicial duties (Appointments)	The Commission advised that a judge may appoint a lawyer, who is the son-in-law of the judge’s secretary, to cases in the judge’s court as long the judge utilizes an appointment system that is fair and impartial.
2/21/95	3A & 3B	Judicial duties (statutes require findings in uncontested divorce matters)	Entry of a motion and final order as a matter of course by a judicial officer is not proper compliance with statutes in uncontested divorce actions. The statutes require a judicial officer to make a finding that: the agreement was made without fraud, duress, or other unconscionable conduct; the separation agreement may be incorporated in a judicial order enforceable in the future; and the actual contributions of the parties are not inequitable and were not inequitable at the time the agreement was executed. In addition, judicial officers must ensure that divorces are not granted contrary to law and that one party does not take advantage of the other, especially when one or both of the parties are not represented by a lawyer. (W.Va. Code §48-2-16(a) and §48-2-32(b).) [This is an addendum to the JIC's 20 January 1995 advisory opinion on disqualification when the fiance of the judicial officer's child is an attorney representing a party in an uncontested divorce case.]
5/17/04	None	Judicial Watch	Magistrate complaint regarding a letter received from Judicial Watch was not within the purview of the JIC to address.
10/01/02	4C(2)	Legislative Activity of Family Court Association	The Family Court Association, a voluntary association of family court judges, may collect voluntary donations from its members to hire a lobbyist for the 2003 Legislative session.
	2B	Letters (character letter to court in another state)	It is improper for a judicial officer to submit a character letter on behalf of a juvenile to those involved in a juvenile matter pending in another state (the recipients of the letter would have included the district attorney, counselor, probation officer and possibly the judge). Unless properly summoned to testify, a judicial officer may not testify voluntarily as a character witness.
11/13/89 & 11/5/90	2	Letters (character letter to Federal judge)	Improper for judicial officer to send a letter to a presiding Federal judge regarding the character of an individual.
9/4/97	2B	Letters (character letter to Supreme Court for judicial officer facing disciplinary proceedings)	Unless properly summoned to testify as a character witness, a judicial officer may not submit a character reference to the Supreme Court on behalf of another judicial officer who is the subject of a disciplinary proceeding before the Court. This type of letter is akin to character testimony, which would be prohibited if given without a subpoena.
12/28/99	2B	Letters (judicial officer as reference)	A judicial officer may provide a character reference for a graduating law student if the information provided about the student is based upon the judicial officer’s personal knowledge.
7/26/88 and 9/2/88	[2]	Letters (letterhead (official stationery in campaign)	Improper for judicial officer to use official stationery in campaign; use of letterhead with name only and courthouse address is permissible.
5/3/90	[2B]	Letters (recommendations)	Judicial officer may write a recommendation to law school or bar association if has personal knowledge of the applicant; may write recommendation for employment for a former employee; recommendation must be on unofficial letterhead or bear the words "personal and unofficial."
2/7/97	1A & 2A	Letters (to jurors)	A judicial officer may send letters to jurors thanking them for their service. Any such letters must be sent at the end of the term during which the jurors served. They should not mention any trial, verdicts, or issues involved; and they must not solicit comments with regard to the jury's decision or deliberation. Any such letter to a juror must remain within the constraints of Canons 1 and 2 and must not impinge upon the integrity or independence of the judiciary or give the appearance of impropriety in its wording.
3/10/97	4A & C(1)	Letters (to legislators and legislative testimony)	A judicial officer may send letters to members of the legislature and appear before legislative committees to express his or her opinion on legislative matters if the letters or appearances are within the guidelines of the canon. However, the matters discussed with legislators should not include issues pending before the judicial officer, and the judicial officer should be clear that he or she is writing or appearing for himself or herself, not as a representative of all judicial officers. In addition, the judicial officer should use his or her personal stationery and not use official judicial stationery when writing legislators.
12/28/99	2	Letters (soliciting support)	A judicial officer is prohibited from sending a letter to the lawyers in his or her circuit supporting the implementation of the local Pro Bono Domestic Violence Project and requesting their assistance in getting the program off the ground.
9/2/94	[No canon cited]	License plates	It is not a per se violation of the Code of Judicial Conduct for a judicial officer married to a legislator to drive a vehicle displaying either a legislative license plate or a low number license plate assigned by the Governor.
6/30/89	[5]	Media (educational videotape interview)	Not improper for judicial officer to do an interview or film to encourage students to complete education, provided judicial officer receives no remuneration and has no business affiliation with producer.
12/22/93	2	Media (non-political radio messages)	To avoid impropriety and the appearance of impropriety, a judicial officer may not buy air time from a local radio station to send season's greetings from the judicial officer and his or her employees.
11/25/96	No CANON cited	Media (participation by a judicial officer in a media discussion with a defendant in a criminal case in which the magistrate was a victim)	The Commission did not identify a specific canon of judicial conduct which might be violated by the judicial officer. However, the Commission's unanimous opinion was that given the potential ramifications of the action (a media appearance with the defendant), the judicial officer should seriously consider not participating.
8/19/05		Membership	JIC referred the question of membership in a task force by a person who works with the circuit court to the Chief Circuit Judge for resolution.
8/19/05	4A & 4C	Membership	Citing Canons 4A and 4C, JIC advised that, because the Association of Trial Lawyers of America generally represents one side of cases in litigation, a designation as a judicial fellow in the Association should not be accepted. A prior advisory opinion with an analogous request was issued on March 10, 2000.
10/3/03	4C	Membership	Because the West Virginia Advocates is designed to advocate for and to protect the legal rights of West Virginians with disabilities, it is assumed that the Advocates will be involved in litigation in various courts. Because of the potential conflicts, JIC opined that serving on the Board of Directors of the Advocates is not recommended.
3/29/91	5C(1) & 4	Money for the performance of a marriage	Improper to accept money as gratuity from couple for whom judicial officer performs a marriage ceremony. [Such gift does not fall with the exceptions found in 5C(4)(a)-(c)].
3/29/91	5C(1) & (4)	Money or equipment for office use (as gift)	Improper for judicial officer to accept gifts of money or equipment from a charitable, fraternal, or other nonprofit organization to provide otherwise unavailable office equipment. [The advisory opinion does not note the likelihood here for the appearance of impropriety if a judicial officer were allowed to accept such a gift; and there's no guarantee that representatives from the donating organization would not appear before the judicial officer. Canon 2B.]
3/29/91	5	Money or equipment for office use (paid from judicial officer's own resources)	Permissible for a judicial officer to use money from the judicial officer's personal estate to purchase equipment or to use the judicial officer's own equipment for the judicial office.
2/25/94	[No canon cited]	Money or equipment for office use (soliciting equipment for office use)	No provision of the Code of Judicial Conduct is violated when a local Bar Association, at the request of the circuit judges, purchases plain paper facsimile machines for the court. However, it is suggested that the names of contributors to fund-raising efforts not be published or made available to any of the circuit judges. [Cf. 3/29/91 advisory opinion involving Canons 5C(1) & (4) of the former Code of Judicial Ethics relating to money or equipment as a gift for office use.]
9/12/05	4D	Ownership of Non-Profit Stock	A circuit judge and others, including a lawyer who practices before the judge, are members of a nonprofit corporation that owns a fishing club located on a trout stream in a rural county. The club does not generate royalties or income, and a yearly maintenance charge is assessed to members. The judge and lawyer do not anticipate using the property at the same time. Because the relationship falls outside the language in Canon 4D, JIC opined that the judge is not barred from participating in the club, and the lawyer and members of his firm are not precluded from appearing before the judge.
6/8/00	5	Political activity	A magistrate may not telephone voters on behalf of a magistrate assistant who is a candidate for the office of magistrate.
9/19/08	5C	Political Activity	The Commission advised that it would not be permissible for a judge to donate excess campaign funds to the county or state Democratic Executive Committee since the Code provides that a "candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others."
12/21/07	None cited	Political Activity	The Commission advised that an incumbent judge, when running for a different judicial office, should not use the term "Judge" in campaign materials without clearly indicating that he or she is a judge of a court different from the one that is the subject of the political campaign.
10/31/07	5	Political Activity	The Commission advised that a judge who has filed the appropriate pre-candidacy papers, and has a committee, could begin campaigning in a non-election year.
12/21/07	5	Political Activity	The Commission advised a Mental Hygiene Commissioner would he/she would be required to resign from that position in order to run for the office of Prosecuting Attorney. The Commission also advised that the Mental Hygiene Commissioner’s law partner, who is also a Mental Hygiene Commissioner, could, as a "continuing part-time judge," serve as Treasurer for the Mental Hygiene Commissioner running for Prosecutor.
12/28/07	5	Political Activity	The Commission advised that if a judicial candidate receives no campaign contributions from any source but uses only the candidate’s own personal money to fund the judicial campaign, then it would not be necessary for the candidate to utilize a campaign finance committee.
3/24/08	None cited	Political Activity (Campaign statements)	In an analysis of the United States Supreme Court’s opinion in Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002), the Commission stated its recognition that pursuant to that case, candidates for judicial office cannot be prohibited from "announcing their views on disputed legal or political issues." However, the Commission noted that the West Virginia Supreme Court has not changed any of the existing Canons of the Code of Judicial Conduct and stated that as a result, the Commission will continue to enforce the rules set out in Canon 5 which require candidates to (a) maintain the dignity appropriate to the office, (b) not make pledges and promises of conduct in office and (c) not make statements which commit, or appear to commit, the candidate with respect to cases likely to come before the court.
8/2/07	5	Political Activity	The Commission advised a Mental Hygiene Commissioner that he/she need not resign his/her position in order to run for the office of either Circuit Court Judge or Family Court Judge but would have to resign his/her position in order to run for the non-judicial office of Prosecuting Attorney. The Commission further advised that the Mental Hygiene Commissioner would have to resign that position if he/she accepted a position as an Assistant Prosecuting Attorney.
8/19/05	5	Political activities	In response to a request for an opinion analyzing the Code in light of White v. Republican Party of Minnesota, JIC noted that it had submitted a written request to the Court for a review of the Canons which may have been effected by White. The current code remains in effect until the Court may modify or amend the code.
3/15/04	5(A)(2)	Political Activity	Magistrate assistant would be required to resign to run for a nonpartisan position on the Board of Education.
3/15/04	Rule 2.13	Political Activity	Magistrate asked for an advisory opinion relating to his campaign activity. The Commission declined to issue an opinion based on its limited resources and on past practices.
3/15/04	5(A)(3)(b)	Political Activity	Magistrate assistant is bound by the same limitations as the magistrate when it comes to political activity by the assistant acting in support of the magistrate. Assistant would be permitted to conduct limited activity in support of her husband candidate for sheriff after hours and off court premises.
3/15/04	5(C)(2)	Political Activity	Magistrate is required to have a committee to run the candidate’s campaign, such as advertising, handing out brochures or other activities notwithstanding the fact that the candidate is using solely the candidate’s own resources to run the campaign.
3/15/04	None Cited	Political Activity	Law clerks should consult their judge with respect to the extent to which the clerk may or may not become involved in political activity.
3/19/04	None Cited	Political Activity	Judge was advised that a probation officer’s participation in the campaign of a gubernatorial candidate outside his circuit and not involving making a public verbal endorsement as an employee or representative of the West Virginia Supreme Court of Appeals would cause a problem.
3/29/04	5(A)(1)(b)	Political Activity	Magistrate candidate cannot properly share equipment expense with a candidate for non-judicial office.
5/17/04	5(A)(b)	Political Activity	Judge who is also a musician may not perform as part of a band at a fundraiser for a candidate for prosecuting attorney.
6/11/04	5(A)	Political Activity	Canons do not restrict a Judge’s attendance at a candidate’s forum conducted by West Virginians for Life. Canons do, however, suggest that the Judge not make comments on the issues to be discussed. The United States Supreme Court decision Minnesota v. White, 536 U.S. 765 (2002) suggests otherwise. In view of the Supreme Court decision, JIC advises the Judge to use his own discretion regarding commenting on the issues.
2/17/04	5(A)(a)	Political Activity	Candidate for magistrate would be required to resign from the position of treasurer of a county political executive committee.
10/24/02	None	Political Activity	Judicial candidate asks for advice regarding available options in circumstance where candidate missed deadline for designating treasurer of candidate’s campaign committee. State law specifies in the absence of timely designation, the candidate must act as his or her own treasurer; however, judicial candidates are prohibited from so acting. JIC response advised that candidate should seek legal remedy indicating the inquiry was not an ethical question.
12/30/02	5	Political Activity Advertisement	Judge’s wife is conducting reelection campaign for judge. Wife wants to use family photo in campaign material. Photo includes her husband but does not identify him as judge. Citing to the Canon and JIC Advisory Opinion 2/25/94, JIC advises that such use of a photo is permissible.
12/02/02	5C(2)	Political Activity Fund Raising	A fund raiser to be held to pay off campaign debts would be in compliance with the Canon so long as the fund raiser was conducted by the candidate’s campaign committee. The fact that the idea for the fund raiser was initiated by lawyers would not affect the result. The fact that the campaign debts were those of the candidate and the candidate’s parent would not affect the result.
6/8/00	5	Political Activity	A senior status judge who has given his old signs to a friend who in turn wishes to give the signs to a candidate should insure that his name is covered so that it does not appear that the judge is endorsing the candidate.
6/7/96		Political Activity (advocate's candidacy for judicial officer)	No canon requires an advocate for domestic violence victims to resign that position upon becoming a candidate for judicial office; but if elected, the judicial officer may be required to recuse self from cases involving domestic violence issues in order to avoid the appearance of partiality or reasonable questioning of impartiality.
2/25/94	5A	Political activity (appearance with spouse who is a candidate)	A judicial officer may attend campaign rallies or other social functions with a spouse who is a candidate for judicial office.
3/28/02	5(A)	Political activity Appearances Literature Fund raising	A candidate for judge may be listed on campaign materials along with the names of other candidates for elected public office and may appear in promotions of the party ticket. Candidates for judge may not, however, campaign, travel and visit potential voters with another candidate for either a judicial or non-judicial office. A magistrate candidate may not solicit campaign support for a family court judge nor may such candidate for magistrate carry or erect a family court judge’s signs.
6/14/95	5C(1)	Political activity (attendance at candidate's fundraiser)	A judicial officer may attend a public fundraising event for a political candidate.
8/28/95	5C(1) (iii), 5A(1)(e), and 5C(1)(a)(i)	Political activity (attendance at fundraiser dinner for fellow judicial officer)	While a judicial officer may attend political gatherings, a judicial officer may not pay to attend a fundraiser for an individual political candidate.
11/5/90	7A [(1)(b)] & (2)	Political activity (attendance at or contribution to a candidate's fund raiser)	Judicial officer, whether currently a candidate or not, may buy a ticket for, and attend, a fund raiser for a candidate without violating the ethical prohibition against public endorsement of candidates.
11/3/95	6C & 5	Political activity (attendance by part-time family law master at a political party fund-raiser dinner)	A part-time family law master may attend a political party fund-raiser dinner. A part-time family law master is classified as a continuing part-time judge and is exempt from certain restrictions contained in Canon 5 dealing with inappropriate political activity on the part of judges and judicial candidates.
1/12/00	4 & 5	Political activity (attendance: "elimination dinner" for non-profit organization)	A judicial officer may attend a fund raiser referred to as an "elimination dinner," which raises funds in a lottery fashion for a non-profit group. However, the judicial officer or candidate must not solicit funds for the organization or for himself or herself. Furthermore, the judge or judicial candidate should not attend such a function if the sponsor is an organization which regularly appears before the judge or any court.
2/28/92	[7]	Political activity (bumper stickers)	It would be improper for an incumbent who is a candidate for judicial office to display a campaign bumper sticker on his/her private automobile if the vehicle were on court premises.
3/23/98	5C(2)	Political Activity (campaign advertisement)	An advertisement in which the judicial candidate speaks in the first person describing his/her experiences and career history may not include at the bottom of the advertisement the statement "Contributions May be Made to Treasurer at Above Address." Such a statement gives the appearance that the judicial candidate is personally soliciting campaign contributions.
9/23/96	5C(2)	*Political activity (campaign contributions)	A candidate for judicial office may establish a committee or a responsible person to accept campaign contributions, but may not personally accept campaign contributions.
2/15/95	5C(2)	Political activity (campaign checking-account signature card)	A judicial officer or candidate for judicial office is not permitted to be named on the checking-account signature card for purposes of signing checks for his or her campaign committee.
5/5/92	7A(2) & (4)	Political activity (campaign committee service)	It is improper for a judicial officer to serve as an officer of a Presidential campaign committee.
2/28/92	2	Political activity (campaign literature)	It is improper for a judicial officer to use the State seal with his/her official title and courthouse address on campaign literature because it gives the appearance of official stationery.
9/23/96	5C(2)	*Political activity (campaign contributions)	A candidate for judicial office may establish a committee or a responsible person to accept campaign contributions, but may not personally accept campaign contributions.
2/10/97	5A(1)(b)	*Political activity (campaign contributions)	A candidate for judicial office may not make a monetry contribution to the campaign of another judicial candidate.
4/14/00	5C(2)	Political activity (campaign contribution)	>A former judicial officer may not contribute all or a portion of unspent excess funds in his or her campaign committee account to the election committee of a state candidate for political office (non-judicial).
2/28/92	2	Political activity (campaign literature)	It is improper for a judicial officer to use the state seal with his/her official title and courthouse address on campaign literature because it gives the appearance of official stationery.
2/19/02	5(A)	Political activity (campaign signs)	A judge may sell campaign signs, which are vinyl and reusable since in the preparation for reuse, there would be nothing left to indicate that they were once the property of the judge. It would be improper to make a gift of such signs since such a gift may constitute a contribution prohibited by Cannon 5(A).
2/25/94	5A(2)	Political activity (candidate for non-judicial office)	A family law master is prohibited from retaining that judicial office while running for election to the non-judicial office of county commissioner.
8/28/95	5(A)(1)(e)	Political activity (contributions to a fellow judicial officer's campaign)	A judicial officer may not contribute to an individual judicial officer's campaign.
8/28/95	5	Political activity (contributions to fellow judicial officer's campaign by judicial officer's family member)	A spouse, an 18-year-old child, a 15-year-old child, an adult brother, and a 72-year-old mother of a judicial officer may contribute to the campaign of a fellow judicial officer if the contribution comes from a separate account from any account the judicial officer may have with the relative.
7/3/92	7	Political activity (endorsement of candidates by employees of a judicial officer)	Incumbents who are candidates for judicial office are not permitted to request or require their employees to attend political functions and make speeches on their behalf. Because of constitutional considerations, however, the canon cannot prohibit a judicial employee from voluntarily and freely endorsing a candidate for judicial office.
7/27/00	5	Political Activity Fund Raising	A committee for a candidate for judge may raise funds by the sale of tickets to an event or entry fees to a golf tournament as long as the same is done without the candidate’s knowledge or input. Note is made that contributions which the judge has knowledge may be relevant to disqualification under Cannon 3E.
12/28/99	5A(1)(e) A(3)(a),5C(2)	Political activity (fund-raising: spouse on campaign committee)	Since a judicial candidate may not personally solicit funds and the candidate should encourage members of his or her family to adhere to the same standards of political conduct, a judicial candidate’s wife is prohibited from serving as the candidate’s campaign treasurer.
12/28/99	5C(2)	Political activity (fund-raising: stepchild on campaign committee)	Code of Judicial Conduct does not prohibit a judicial candidate’s adult stepchild who is not residing in the candidate’s household from serving the candidate’s re-election campaign committee as treasurer.
1/12/00	5C(2)	Political activity (fund-raising in judicial candidate's home)	A judicial election committee may not hold a fund raiser in the home of the candidate. Even if the candidate did not personally solicit or accept contributions, funds being raised in the home of the candidate would, at a minimum, create an appearance of personal involvement.
2/25/94	5A(1)	Political activity (involvement in campaign of spouse)	It is not permissible for a judicial officer whose spouse is a candidate for prosecuting attorney to be involved in the following activities related to the spouse's campaign: fund-raising activities; volunteer manual labor; driving a vehicle normally driven by the spouse when the vehicle displays campaign stickers; handing out campaign signs or posters previously requested by individuals; or delivering or picking up materials from printer or commercial advertiser at the request of the spouse or a member of the spouse's campaign committee.
4/18/00	5A	Political activity (judicial candidate acting as expert witness	A judicial candidate may continue to act as an expert witness in the field of insurance during his or her campaign. However, a judicial candidate is prohibited from using any position which he or she might take as an expert witness to advance his or her campaign by publicizing the opinion or using it in a political way.
2/18/00	5A	Political activity (judicial candidate and daughter on same ballot)	The appearance of a judicial candidate’s name on the same ballot as his daughter who is running for county prosecutor does not violate the prohibition against a judicial candidate publicly endorsing or opposing any candidate for public office.
3/10/00	4B & 4C(1)	Political activity (legislative contact)	It is permissible for the West Virginia Family Court Association to sponsor a reception at the Capitol at which refreshments are served and to which all legislators and their staffs would be invited. Also, the Association may collect assessments from its membership to be used to purchase and replenish candy jars with the Association’s name on them to be placed in the offices of the legislators for distribution to guests and constituents during the legislative session.
1/12/00	5C(2)	Political activity (necessity of campaign committee)	A judicial candidate is required to have a campaign committee if the candidate wishes to conduct traditional campaign activities such as mailings, brochures, media advertisements, and other such activity even though the candidate will personally finance such activities.
11/8/93	5A (commentary) & 5C	Political activity (of spouse)	The spouse of a judicial officer may serve as a member of a county democratic executive committee.
3/4/96	5A(d)	Political activity (parking private automobile with re-election campaign sign attached in designated parking spot near courthouse)	A judicial officer should not park a privately owned automobile with a re-election campaign sign attached to the automobile in a parking spot located near the courthouse and designated as the parking spot for the on-call judicial officer.
4/19/96	5A(1)(d)	Political activity (parking private automobile, with re-election campaign sign attached, near building housing various court offices)	A judicial officer is prohibited from parking a privately owned automobile displaying a campaign sign in a parking spot, rented from the county building commission, on a lot which is adjacent to a building which houses magistrate offices, the magistrate clerk's office, and the family law master's office.
11/5/90	7A(1)(b)	Political activity (public endorsement of candidates)	Judicial officer who is not currently a candidate is prohibited: from publicly endorsing any candidate (judicial or non-judicial); from displaying posters billboards, etc. on private property; and from displaying posters, bumper stickers, etc. on private automobiles.
9/30/91	4; 7B(1) & (2)	Political activity (public endorsement or opposition to a judicial candidate by a judicial officer)	Improper for an incumbent who is a candidate for judicial office publicly to endorse another candidate for judicial office even if the former believes that the election of the latter would "promote the proper administration of justice"; improper for a judicial officer, whether or not a candidate, publicly to oppose the candidacy of a lawyer for judicial office even if the former believes that the election of the latter would be detrimental to "the proper administration of justice."
8/28/95	5	Political activity (restricted contribution to county political party executive committee)	A judicial officer may contribute to a county political party executive committee if the committee meets the definition of a political organization under the Code of Judicial Conduct, but the contribution may not be restricted for use only in a fellow judicial officer's campaign.
2/19/02	6(A)(B) 5(A)	Political activity Senior status magistrate filing for office of county commission	Cannon 5A(2) requires a judge to resign from judicial office upon becoming a candidate for a non-judicial office. WV Const Article 8, Section 7 states that a judge shall not become a candidate for any elective public office, except a judicial office; and violations ...shall vacate his judicial office. The Commission found that a Senior Status Magistrate may not be a candidate for county commission since the Cannons bind senior status magistrates.
11/3/95	5A	Political activity (service as moderator of a debate between candidates for governor)	A judicial officer may serve as a moderator of a debate between candidates for governor.
8/28/95	5A and 5C	Political activity (spouse-sponsored fundraiser)	A judicial officer's spouse may have a political fundraiser in the home in which the judicial officer and spouse reside if the judicial officer is careful not to become involved in raising funds for a candidate or organization or endorsing any candidate and is careful to avoid: (1) any public endorsement of or public opposition to a political candidate and (2) the solicitation of funds for a political organization or candidate.
3/8/00	5	Political activity (staff appearing in campaign commercials)	There is no prohibition against a judicial officer who is a candidate for re-election using staff for appearances in campaign commercials. It should be noted that such staff would be appearing voluntarily and during their own time.
3/10/00	2	Political activity (state seal on campaign material)	It is prohibited for a judicial officer to use the State seal on campaign material as all official judicial letterhead bears the seal. Thus, the use of the seal would be confusing to the public and give the appearance that official letterhead was being used to further a political campaign.
3/13/00	5	Political activity (unopposed judicial candidate)	An unopposed judicial candidate who does not intend to engage in campaigning is not required to establish a campaign committee or hire a treasurer.
9/23/96	2B	*Political activity (use of facsimile of letterhead)	A judicial officer may not use a facsimile of letterhead indicating his or her capacity as a judicial officer for mailings to individuals during a campaign for judicial office.
7/23/92	7A(2)	Political contributions(executive committee)	Judicial officers may make contributions, within the amounts allowed by statute, to a county executive committee.
9/5/90	[7A]	Political contributions (individual candidate)	Improper for judicial officer to contribute to individual politician's campaign committee.
6/14/95	5(C)(1)	Political contributions (political candidate)	A judicial officer may not contribute to a political candidate.
9/1/00	5A(b); 5C	Political contributions	A judge may donate, subject to adherence to appropriate election laws, space for a political party headquarters.
12/6/96	Const. Art. 8, §7, W.Va. Code §50-1-4 & 12, WV Judicial Inquiry Commission v. Allamong, 162 W.Va. 652, 252 S.E. 2d 159 (1979)	Practice of law (by attorney magistrate)	An attorney magistrate is not prohibited from practicing law before the Supreme Court of Appeals. A magistrate who is an attorney may engage in the practice of law to the extent that it does not interfere with the full performance of magistrate duties.
6/14/95	4(G)	Practice of law (by judge)	It is inappropriate for a circuit judge to prepare tax returns for individuals who are not members of the judge's family.
4/5/01	4E	Executor of an Estate of a former client	A judge should not serve as Executor of an estate of a former client even though such service would be easily completed by the judge. In this case the judge had former law partners who were willing to complete the settlement of the estate.
6/14/95	4F; W.Va. Const. Art. 8, §7; Judicial Inquiry Commission v. Allamong, 162 W.Va. 652, 252 S.E.2d 159 (1979)	Practice of law (by magistrate, service as an arbitrator or mediator)	The Supreme Court has set perimeters under the constitutional provision allowing magistrates to practice law. Because the Constitution permits the practice of law by a magistrate, the prohibition against a magistrate serving as an arbitrator or mediator in Canon 4F is precluded with respect to magistrates but it does apply to judges. A magistrate who is also an attorney may serve as an arbitrator or mediator.
12/9/94	6C	Practice of law (by part-time family law master)	A part-time family law master does not violate the Code of Judicial Conduct by contracting as a deputy commissioner to render decisions on backlogged cases in the workers compensation system, if the activity under the contract does not include taking evidence and is limited to reviewing files, writing draft decisions, and taking a standard fee.
6/14/95	6C(1) and (2)	Practice of law (by part-time family law master)	A part-time family law master may act as counsel in a case before the Supreme Court of Appeals if that case does not involve the same subject matter jurisdiction as that of a part-time family law master. See also an advisory opinion issued by the JIC on December 9, 1994, which concludes that a part-time family law master may contract with the Workers' Compensation system if the activity under contract does not include taking evidence and is limited to reviewing files, writing draft decisions, and taking a standard fee.
12/9/94	6C	Practice of law (by part-time family law master)	A part-time family law master does not violate the Code of Judicial Conduct by contracting as a deputy commissioner to render decisions on backlogged cases in the workers compensation system if the activity under the contract does not include taking evidence and is limited to reviewing files, writing draft decisions, and taking a standard fee.
5/21/98	6C	Practice of law (by part-time family law master)	A part-time family law master may not serve as a guardian ad litem in abuse and neglect cases because the potential for conflicts of interest are great given that many cases which are before a family law master involve issues of abuse and neglect.
12/11/97	Canon 6C(2) and State ex rel. Bailey v. Facemire, 413 S.E.2d 183 (W. Va. 1991)	Practice of law (by part-time family law master in adoption cases)	A part-time family law master is not per se prohibited from representing a party in an adoption proceeding given that adoptions are heard and decided by the circuit court even though there may be some contested cases which could be assigned to family law masters. However, the family law master must investigate whether conflicts of interest either are present or have the potential of arising before undertaking representation.
6/6/96	6C and Commentary	Practice of law (by part-time family law master, domestic relations in another state)	Such practice is impermissible.
11/3/95	6C	Practice of law (by part-time juvenile referee)	A part-time juvenile referee may serve as a criminal defense lawyer in counties other than the county in which he or she serves as a juvenile referee.
3/21/02	6	Practice of Law: Mental Hygiene Commissioner	A Mental Hygiene Commissioner is not disqualified from accepting appointment to represent a defendant because his law partner who also serves as a mental hygiene commissioner communicated to the inquirer that the defendant had committed some crime or act. Such information apparently came into the possession of the law partner as a result of hearings conducted for the defendant before the inquirer and his partner entered into the partnership.
11/11/91	7C	Practice of law (retired judges and recall)	Retired judge is not prohibited from practicing law in those counties in which the judge is either not eligible or declines recall as a judge. Retired judge may be recalled to serve as a judge in areas outside the counties where the judge practices law.
11/25/96	2A & 4D(1), (a) & (b)	Private investigation firm license	Upon taking office, a judicial officer may not act as, nor accept employment as, a private investigator and may not maintain a private investigation firm license. (See also related 23 October 1996 advisory opinion listed under topic of Employment (as a private investigator)).
9/15/00	1;2	Public Comment	A senior status judge who also is a county commissioner may not participate in a public forum or answer a questionnaire, which would place him in a position of commenting upon questions and issues, which may come before him.
9/15/00	4	Public Comment	Family law masters and Family Court Association may publicly advocate for the Unified Family Court Amendment.
08/27/02	3B (9)	Public Comment Generic Reports of Court Activity	Family Court Judge may provide newspapers a court activity report so long as the report complies with the provisions of Canon 3B(9) relating to public comment regarding pending or impending cases which might reasonably be expected to affect its outcome or fairness. Such disclosures may be made so long as the report is generic in nature and contains information from public records and so long as none of the confidentiality provisions of law are violated.
2/19/02	2(A) 4(C)	Public Comment - speech to Annual Crime Solvers and State FOP Convention	Given that members of the Crime Solvers Convention and the State Fraternal Order of Police may appear in the judge’s court on a frequent basis, a speech to their respective groups would not be proper. The Commission cited JIC Advisory Opinions 8/29/97 and 4/24/97 and the referred to Cannons.
9/28/01	None cited	Public protest of a zoning ordinance change	A Judge may as a private citizen voice personal opposition to a zoning ordinance where such ordinance would affect his property interest. Should the issue advance to his court he would have to recuse himself.
6/30/00	4H(2)	Public Financial Reports	Investments held by a judge in mutual funds or retirement plans may be reported by simply listing the fund and not the individual investments of the fund. The term “compensation” means income in excess of $500.00, which would be reportable to the IRS.
1/18/02	4(B)	Publication of legal research and analysis	Citing U.S. Advisory Opinion 55 (1977) and Arizona Advisory Opinion 95-4 (1995) and the referred to Cannon, the Commission stated that a Judge could properly submit to the WVU Law Review for publication his authored article on expert testimony.
7/5/01	2	Purchase of a vehicle by spouse from litigant appearing in husband's court	A spouse of a Family Law Master should not purchase a vehicle from a litigant appearing in husband’s court, especially when a substantial likelihood exists that further proceedings may be necessary and where ownership of the vehicle was decided by the Law Master.
9/7/89	5C	Rental property	Judicial officer may not rent property to attorneys who practice in his or her court.
1/22/91	5C(1)	Rental property	Judicial officer who owns rental property having as tenants lawyers who practice before the judicial officer engages in unethical conduct unless the judicial officer does one of the following: (1) sells the property; (2) refers all tenant lawyers to another judge in the circuit for their hearings; or (3) rents only to non-lawyers. Otherwise, the judicial officer's business dealings could suggest partiality, interfere with the performance of judicial duties, and involve the judicial officer in frequent transactions with lawyers likely to come before his or her court.
1/22/91	3D [& 5C(1)]	Rental property	This opinion turns on a distinction of facts from those involved in the commission's 9/7/89 [and the other 1/22/91] opinion on rental property. As a minority stockholder in a corporation whose sole business is renting apartments, judicial officer does not violate the Code of Ethics even though at least one unit is rented to an attorney who practices before the judicial officer. The judicial officer is not necessarily prohibited from hearing the tenant attorney's cases, but is required to make a full disclosure if the tenant attorney appears before the judicial officer. [This advisory opinion is silent as to whether, after disclosure, the judicial officer would be subject to disqualification upon motion by a party appearing in the same matter. Further, it does not address the requirements of Canon 5C(1), which prohibits any business dealings by a judicial officer which would, among other things, "involve [the judicial officer] in frequent transactions with lawyers . . . likely to come before the court on which [the judicial officer serves"].
3/1/93	4D(1)(b)	Rental property	It is improper for a judicial officer to continue a leasing arrangement with an attorney, even though all rental matters are handled by the judicial officer's partner, because the judicial officer would still receive equity in the asset. In a one-judge circuit, it is likely that the renter-attorney would appear before the judicial officer frequently.
6/14/95	4(D)(1)	Rental property	It is not permissible for a judicial officer to have an interest with attorneys in a corporation formed for ownership of a building in which two attorney co-owners have offices and in which another attorney rents space. It is also not permissible for a judicial officer to have these attorneys appear before him or her in court.
12/15/95	3E(1) & 4D(1)	Rental property	A judicial officer's campaign committee should not rent office space in a building owned by a partnership when one of the partners is an attorney who practices before the judicial officer.
6/30/97	4 (D)(1) (a) and (b), Matter of Means, 192 W.Va. 380, 452 S.E.2d 696 (1994)	Rental property	A judge should disqualify himself or herself from cases involving lawyers who are tenants of the judge's spouse. In addition, the judge should take action necessary to discourage his or her spouse from becoming involved in situations in which the judge is prohibited from becoming involved under canon 4D.
6/22/93	4D(1)(b)	Rental property (renting from attorney)	It is improper for a judicial officer to rent a residence from an attorney whose law firm partner appears frequently in the judicial officer's court even though the renting attorney does not practice in that court.
9/28/01	5(C)(2)	Retirement of campaign debt	A Judge and unsuccessful candidate for higher judicial office must form a committee in order to solicit funds for the purpose of retirement of a campaign debt.
9/18/01	4A	Riding in a parade	A Family Law Master may ride in a parade in a vehicle with his or her name and title on the vehicle.
8/26/96	4C(3)(b)	Service (a "celebrity goat milker" at a county fair)	A magistrate may serve as a "celebrity goat milker" at a county fair as long as the event does not involve solicitation of funds.
12/16/02	4C	Service Chamber of Commerce YMCA Board	Citing JIC Advisory Opinion 6/16/93, JIC advises that judge should not maintain membership in the Chamber of Commerce. Citing Canon 4, JIC advises that judge may continue as Vice-Chair of the Board of Directors of the YMCA so long as judge does not participate in any solicitation of funds or permit the use of the prestige of the office for that purpose.
7/26/88	5E	Service (arbitrator)	Judicial officer may not serve as an arbitrator in an international (or any) dispute.
8/18/95	4F	Service (arbitrator or mediator)	A new judicial officer may rule on a substantially completed federal court arbitration case begun prior to taking office if, otherwise, under the unique circumstances of the case: (1) the parties' rights to an expeditious decision would be jeopardized; (2) the parties would incur great additional expense; and (3) an inordinate delay in the resolution of the matter would occur.
10/01/02	4C(3)	Service Board of Trustees Local Cemetery Corporation	Since the Local Cemetery Corporation would be involved in fiduciary, personnel matters, the acquisition of land and the sale of grave plots and financial decisions affecting the cemetery, such duties would conflict with the spirit of 4C(3) and thus a magistrate may not serve in such capacity.
2/16/01	4C(3), 4D, 4E	Service as Trustee on Foundations	Service as a trustee on a family foundation which does not publicly solicit funds is permitted. Service as a trustee on a foundation (a former client) centered on the process by which public policy is or might be made and which relies on private sources and does not publicly solicit funds is permitted. Service would be contingent on the restrictions of Cannon 4C(3) and the fact that the foundation is not conducted for the economic or political advantage of its members.
2/6/97	4E(1)	Service (attorney-in-fact for person with whom judicial officer maintains a familiar relationship)	A newly appointed judicial officer may continue to act as an attorney-in-fact for an 89-year-old person when the judicial officer has acted in that capacity for 15 years and has developed a close familiar relationship with that person.
12/11/97	Canon 2A	Service (by judge's spouse, member of CASA Advisory Committee)	A judge's spouse may not serve as a member of the Advisory Committee of CASA because it could create the appearance of impropriety since the judge presides over all abuse and neglect cases filed in that county and since CASA's purpose is to serve as court-appointed advocates for children who are abused, neglected or delinquent by speaking up for these children through the state foster care system and the circuit courts even though the judge's spouse may not be directly involved in an advocacy role in the judge's court or any other circuit court.
12/28/99	Non Canon cited	Service (charitable foundation)	A judicial officer's name may appear in the name of a foundation established to make charitable contributions and to provide public awareness service, as long as the judicial officer is not an officer of the foundation and as long as the judicial officer does not personally appear in any public information advertisements.
11/3/95	4C(3) & 3E(1)	Service (church trustee by part-time family law master (disclosure))	A part-time family law master is not precluded from serving as a church trustee but is required to disclose that information in any proceeding involving individuals associated with that church.
10/01/02	4C(3)	Service County Health Sciences and Technology Academy	Service on the County Health Sciences and Technology Academy, an organization aimed at getting low income and minority students into health sciences fields, is permitted so long as the judicial officer adheres to the provision of Canon 4C(3).
6/18/93	2	Service (deputy sheriff's civil service commission by a mental hygiene commissioner)	A mental hygiene commissioner is a holder of public office as defined in W.Va. Code §17-14-3 and is precluded from serving simultaneously on a deputy sheriff's civil service commission.
8/8/77	5D	Service (director of bank)	Improper for judicial officer to serve as director of bank, as it constitutes a fiduciary relationship.
10/7/94	W.Va. Constitution Article 8, §7	Service (education system hearing examiner)	Since an education system hearing examiner (superintendent's designee Level II) is not an office or public trust under the Constitution, a part-time family law master may serve as hearing examiner.
10/28/86	4 & 5	Service (election night commentator)	Judicial officer may not properly serve as commentator for election night radio coverage.
1/5/93	4E	Service (executor)	A judicial officer-elect may not continue to serve as an executor of the estate of a non-family member after assuming office.
2/19/96	4E(1)	Service (foundation trustee)	It is impermissible for a judicial officer to serve as trustee for a charitable foundation that is not affiliated with the judicial officer's family.
12/28/99	no Canon Cited	Service (judge for pageant)	There is no prohibition against a judicial officer serving as a judge for the Miss West Virginia Scholarship Pageant.
12/28/99	4	Service (judicial fellow in the Association of Trial Lawyers of America)	Because the Association of Trial Lawyers of America generally represents one side of cases in litigation and is not generally composed of attorneys who represent both plaintiffs and defendants, a judicial officer would be prohibited from accepting a designation as judicial fellow in the Association of Trial Lawyers of America.
09/16/02	WV Const Art. VIII, Sec 7	Service Local Emergency Planning Committee WV Code 15-5A-7	Service by a magistrate as Chairperson of the Local Emergency Planning Committee under WV Code 15-5A-7 would trigger the automatic vacation-of-office provisions of WV Const. Article VIII, Section 7, and thus should not be undertaken.
4/14/00	no Canon Cited	Service (magistrate acting as mental hygiene commissioner)	So long as a magistrate is designated by court order within the express authority of W.Va. Code §27-5-1(a), he or she may be appointed to hold probable cause and emergency detention hearings involving involuntary hospitalizations.
9/21/99	3B(7)(d)	Service (mediator)	A judicial officer may mediate a dispute after voluntarily recusing himself/herself from the litigation and after the case has been assigned to another judicial officer given that the affiliations the judicial officer had with the parties which the judicial officer felt necessitated his/her recusal were remote and occurred a long time ago. It was also noted that the parties consented in writing to the judicial officer mediating the dispute and the judicial officer hearing the case ordered that the judicial officer mediate the matter.
6/6/96	4(C)(3)	Service (member, advisory board of center and apartments for the elderly)	A judicial officer may serve on such board, but must disclose membership if a resident appears as a litigant before the judicial officer.
3/4/97	4C(2)	Service (member, American Academy of Matrimonial Lawyers)	A judicial officer may serve as a member of the American Academy of Matrimonial Lawyers, which would fit within the definition of an organization devoted to the improvement of the law, the legal system, or the administration of justice.
12/12/94	2A & 4C	Service (member, associate organization of the Fraternal Order of Police)	A judicial officer may not be a member of an associate organization of the Fraternal Order of Police because such membership would reflect adversely on the judicial officer's impartiality and would not promote public confidence in his or her integrity or impartiality.
2/7/92	5B(1) & (2)	Service (member, board of directors, college foundation)	A judicial officer may serve as a member of the board of directors of a college foundation, subject to the limitations of the canon; but the judicial officer may not solicit funds for the foundation.
10/1/97	Const. Art. 8, § 7	Service (member, board of directors, Empowering Residents to Achieve Scenic Excellence (ERASE))	A judicial officer may not hold any other office, or accept any appointment or public trust under this or any other government. This includes appointment as a member of the Board of Directors of ERASE.
2/19/96	4A(1) & C(3)	Service (member, board of directors of a county family resource network)	It is not appropriate for a judicial officer to serve as a member of the board of directors of a county family resource network.
2/5/97	4C(3)(a)	Service (member, board of directors of a judicial circuit public defender corporation)	A mental hygiene commissioner may not serve as a member of the board of directors of a judicial circuit public defender corporation.
9/19/88	5B	Service (member, board of directors, mental health center)	Judicial officer should not serve on board of directors of mental health center whose patients often appear before his or her court.
4/11/96	4(C)	Service (member, board of directors, mental health organization)	A mental hygiene commissioner may not serve as a member of the board of directors of a local mental health organization.
11/25/96	4C(3)(a)	Service (member and service as officer, board of directors of a community mental health center)	A mental hygiene commissioner is prohibited from serving as a member and president of the board of directors of a community mental health center.
9/23/92	5B	Service (member, board of directors, Mountaineer Habitat for Humanity, Inc.)	A judicial officer may serve on this board subject to the limitations of Canon 5B.
3/6/90	5B	Service (member, board of directors, non-profit foundation)	Judicial officer may serve on board of directors of non-profit foundation for improvement of state park, provided he or she conforms to the conditions of Canon 5B.
11/25/96	4A(3)(a)	Service (member, board of directors of a non-profit hospital)	Because of the changing nature of non-profit hospitals and the attendant increase in litigation involving these hospitals, a judicial officer may not serve as a member of the board of directors of a non-profit hospital.
2/7/92	5B(1) & (2)	Service (member, board of directors, sheltered workshop; regional convalescent center; YMCA; hospice)	A judicial officer may serve on the board of directors of such nonprofit community service organizations, subject to the limitations of the canon.
3/31/97	4C(3)(a) & (b)	Service (member, board of directors of a county United Way organization)	A judicial officer may not serve as a member of the board of directors of a county United Way organization because of the organization's fundraising activities and the possibility that funding recipients would appear in court proceedings.
10/2/95	4	Service (member, board of zoning appeals)	Because these boards are often involved in litigation in circuit court, it is inappropriate for a family law master to sit as a member of a board of zoning appeals.
6/16/93	4C(3)(a)	Service (member, city parks and recreation advisory committee)	A judicial officer may not serve as a member of a city parks and recreation advisory committee because criminal and civil cases are brought before the court by the city.
11/17/97	4C	Service (member, college criminal justice advisory board)	A judicial officer may provide faculty with ideas about how to best structure the criminal justice program at a state college and, thus, may serve on the board of advisors for the criminal justice program.
11/8/93	4C(2) & 3	Service (member, college criminal justice advisory committee)	A judicial officer may serve as a member of a college's criminal justice advisory committee which provides a means of communication between the faculty and committee professionals for the purpose of maintaining a quality program to meet the needs of students and criminal justice agencies who may hire graduates.
10/15/96	W.Va. Const. Art. 8, §7	Service (member, county board of education)	A senior-status judicial officer may not serve as a member of a county board of education while serving as a judicial officer.
6/14/95	4C(3)(a)	Service (member, county board of health)	A judicial officer should not serve as a member of a county board of health.
10/4/94	4B	Service (member, Directory Subcommittee of State Bar's Children and Law Commission)	Such service activity by judicial officers is not only permitted but encouraged by Canon 4B.
2/7/97	1A, 2A, 3B(2), 4A(1)(2)(3) & 4C(1)(2)(3)(a)	Service (member, domestic violence coordinating council)	A judicial officer may not serve as a member of a domestic violence coordinating council, as activities of such a council are set out in a draft description developed by the Administrative Office.
6/23/97	1A, 2A, 3B (2), 4A (1) (2) (3) and 4C (1) (2) (3)(a)	Service (member, domestic violence coordinating council (revised opinion))	A February 1997 advisory opinion (27 February 1997 Judicial Newsletter) provided that a judicial officer may not serve as a member of a domestic violence coordinating council. In a revised advisory opinion, the Commission determined that a judicial officer may participate in coordinating councils to address issues such as domestic violence as long as the participation is consistent with the Code of Judicial Conduct and the judge's impartiality is not placed in question.
10/1/97	Const. Art. 8, § 7	Service (member, Emergency Services Advisory Council)	A judicial officer may not hold any other office, or accept any appointment or public trust under this or any other government. This includes appointment as a member of the Emergency Services Advisory Council under the provisions of W.Va. Code §15-5-8.Z
6/7/85	5B	Service (member, extension service committee)	Not improper for judicial officer to serve on extension service committee which meets once a year to approve budget.
2/5/97	4F & 6B(4)	Service (member, Fee Resolution Committee for the West Virginia State Bar)	A senior-status judge may serve as a member of the Fee Resolution Committee of the West Virginia State Bar.
9/3/93	4A & 4C	Service (member, juvenile detention center advisory council)	It is inappropriate for a judicial officer to serve on a juvenile detention center advisory council because juvenile proceedings as well as other litigation involving the facility or its residents may be brought before the court.
2/5/97	No CANON cited, but reference to opinion issued on 18 August 1995, in which CANON 4F was cited	Service (member, lawyer disciplinary board hearing panel activity)	A new judge who served as a member of the lawyer disciplinary board hearing panel prior to taking office may complete his or her service on the panel, which involves only his or her signature on a final stipulation previously agreed upon by the parties.
9/3/93	4A, 4C(3)(a)	Service (member, police civil service commission)	A judicial officer may not serve as a member of a police civil service commission even though it is a voluntary, unpaid position because of the possibility that the work of the commission may result in proceedings before the court.
10/7/94	4C(3)(b)	Service (member, public library board of trustees)	A part-time family law master may serve as a member of the board of trustees of a public library if the part-time family law master is not involved in fund-raising activities.
9/20/96	Const. Art. 8, § 7[¶ 4], CANON 4A(1) and C(2)	Service (member, Regional Jail Authority)	A judicial officer may not serve on the RJA because membership would be a non-judicial office and because service would be inconsistent with the Canon provisions cited.
2/7/92	5B(1) & (2)	Service (member, Rotary Club)	A judicial officer may be a member of Rotary Club, subject to the limitations of the canon.
9/18/95	2 & 4	Service (member, school bond committee)	Because of the controversial nature of school bond issues in this state and because there is currently litigation pertaining to school bonds pending before circuit courts and the Supreme Court, a judicial officer should not serve as a member of a school bond committee.
8/22/97	Const. Art. 8, §7	Service (member, State Fire Commission)	A judicial officer may not hold any other office, or accept any appointment or public trust under this or any other government. This includes appointment as a member of the State Fire Commission under the provisions of W.Va. Code §29-3-3.
6/14/95	4(C)	Service (member, Trial Lawyers Association)	A judicial officer may not be a member of the West Virginia Trial Lawyers Association.
9/3/93	4C(3)	Service (member, United Mine Workers of America)	It is improper for a judicial officer to be a member of the United Mine Workers of America under the language of Canon 4C(3).
12/8/95	4C(3)	Service (member, West Virginia Commission for National and Community Service)	A judicial officer may serve as a member of the West Virginia Commission for National Community Service.
8/18/95	4C(2)	Service (member, West Virginia Mental Health Planning Council)	A judicial officer may serve as a member of the West Virginia Mental Health Planning Council, with recusal if reasons therefor arise in any particular case.
12/28/99	4	Service (membership, advisory board of the Salvation Army	A judicial officer may serve on an advisory board of the Salvation Army. It should be noted, however, that the judicial officer may not solicit funds for the organization or allow his or her name to be used for the purpose of soliciting funds.
6/16/93	4C(3)	Service (membership, chamber of commerce)	A judicial officer is not permitted to be a member of a county chamber of commerce because the group could be construed as a civic organization conducted for the economic or political advantages of its members.
6/9/98	4A and C	Service (membership, W.Va. Federation of Business and Professional Women's Club, Inc.)	A judicial officer may not belong to the West Virginia Federation of Business and Professional Women's Club, Inc. given that the organization's agenda includes advocacy for various social and political issues as well as monitoring various legislative matters. Furthermore, a judicial officer should not belong to such a club since certain legal matters which it sponsors or endorses could come before the courts given the nature of the organization's activities.
10/7/94	W.Va. Const., Art. 8, §7	Service (municipal judge)	Since the provision of the Constitution specifically prohibiting justices, judges, and magistrates from holding any other office or accepting any appointment or public trust is also applicable to part-time family law masters, it is improper for a part-time family law master to serve as a municipal judge.
8/18/95	W.Va. Const., Art. 8, §7	Service (municipal judge)	A judicial officer may not hold any other office, including the office of municipal judge.
1/26/96	Const., Art. 8, & § 7	Service (municipal judge by mental hygiene commissioner)	It is not appropriate for a mental hygiene commissioner to serve as a municipal judge. Mental hygiene commissioners are judicial officers [§27-5-1]. Municipal judgeships are offices established under the Constitution of West Virginia. Judicial officers are prohibited from holding any other office or accepting any appointment or public trust under this or any other government. (See also 10/7/94 JIC opinion).
11/5/90	[3A(1)]	Service (notary public)	Absent a specific statutory entitlement or ruling by the Supreme Court, judicial officers are prohibited from serving as notaries public because the office of notary is one of public trust under W.Va. Const., Art. 8, § 7. One who currently serves as a notary public must choose between continuing as either a judicial officer or a notary.
11/3/95	No CANON cited	Service (notary public by an assistant to a part-time family law master)	An assistant to a part-time family law master may act as a notary public.
11/3/95	Const., Art. 8, § 7a	Service (notary public by part-time family law master)	A part-time family law master may not act as a notary public. Judicial officers are prohibited from serving as notaries public because the office of notary is one of public trust. (See also 11/5/90 JIC opinion.)
10/7/94	4C(3)(a)	Service (officer, local bar association)	Because some members of a local bar association may appear before a full-time family law master, a full-time family law master may not serve as an officer in a local bar association.
3/31/92	5B(1) & (2)	Service (officer, VFW and/or American Legion)	A judicial officer may serve as an officer in the VFW and/or American Legion subject to the limitations of the canon, including the prohibition against participating in any fund-raising activities of the organization.
11/25/96	4C(3), (a), (b) & (c)	Service (officer of county fair board)	A judicial officer may serve as an officer of a county fair board as long as the judicial officer is not involved in soliciting funds or offering investment advice to that organization.
2/16/01	4	Service on a domestic violence fatality review team	Service on a domestic violence fatality review team formed by the executive branch of state government and which included members of the Department of Public Safety, the State Medical Examiner, advocates, prosecuting attorneys, and the Executive Director of the Medical Association is not a good practice. It was observed that the teams would be discussing cases which had already worked their way through the court system and that similar cases would no doubt be entering the system.
3/8/01	4D(3)	Service on a board of directors of a CO-OP	A judge or senior status judge may not serve on a board of directors of a CO-OP which serves approximately 1200 customers and where there is no salary or fees for the directors.
12/9/94	No Code provision cited	Service (parliamentarian at annual federal credit union meeting)	No provision of the Code of Judicial Conduct would preclude a judicial officer from serving as a parliamentarian at an annual meeting of a federal credit union.
12/28/99	4C & 5	Service (participation with non-profit entities)	A judicial candidate who is not a judicial officer may continue his or her participation in nonprofit entities, including membership on the board of trustees and the solicitation of funds for those non-profit entities. Only upon election to judicial office would the candidate be expected to comport to the prohibitions set forth in Canon 4 regarding extrajudicial activities on the part of a judge.
3/16/99	4C(3)	Service (president of homeowner's association)	A judicial officer may not serve as president of a homeowner's association, a nonprofit entity which responds to complaints from homeowners on various problems (e.g., barking dogs, speeding, aesthetic issues) and assesses and implements collection of association dues, since the president of the homeowner's association could be involved in adversarial proceedings in the magistrate and circuit courts in the judicial officer's county.
11/3/95	4C(3) & Commentary	Service (secretary of the corporate structure of a nonprofit nursing home)	A judicial officer may serve as a secretary to the corporate structure of a nonprofit nursing home. The judicial officer should be cognizant of possible conflicts with his or her responsibilities under the new guardianship statute and he or she should regularly reexamine the activities of the organization to ensure that changes to the organization do not make the judicial officer's involvement improper under the canon.
9/5/90	[5G]	Service (solid waste authority)	Improper for judicial officer to serve on solid waste authority even if located in a county outside his or her jurisdiction.
7/23/92	3A(6)	Service (TV station legal correspondent)	It is inappropriate for a judicial officer to serve as a television station legal correspondent because of the potential for violation of the canon that bars a sitting judge from commenting on pending or impending proceedings in any court.
2/21/89	5D	Service (trustee for family member)	Not improper for judicial officer to serve as trustee of trust created by uncle's will, provided service will not interfere with proper performance of judicial duties.
1/22/91	5D	Service (trustee for non-family member and without compensation)	Judicial officer prohibited from serving as trustee for non-family member despite receiving no pay for serving as trustee or having any duties other than providing for the disbursement of funds in accordance with the individual's wishes.
11/3/95	4C(3), 4D & 4E	Service (trustee and president of foundation)	A judicial officer may serve as a trustee and president of a foundation that is a W.Va. corporation.
12/28/99	4	Service (trustee on board for a church)	A judicial officer is permitted to serve as a trustee for a church.
9/21/99	W.Va. Const., Art. 8, § 7	Service (U.S. Magistrate Judge)	The provision of the Constitution which prohibits justices, judges, magistrates, and part-time family law masters from holding any other office or accepting any appointment or public trust does not prohibit a part-time family law master from applying for a full-time or part-time U.S. Magistrate Judge position. [NOTE: A part-time family law master applying for a U.S. Magistrate Judge position would be subject to the limitations found in Canon 5B(1) and (2).] However, this particular provision of the Constitution would prevent a part-time family law master who accepts a U.S. Magistrate Judge position from continuing as a family law master.
8/31/98	W.Va. Const. Art. 8, § 7	Service (U.S. Magistrate Judge)	Since the provision of the Constitution specifically prohibiting justices, judges, and magistrates from holding any other office or accepting any appointment or public trust is also applicable to part-time family law masters, it would be improper for a part-time family law master to serve as a part-time U.S. Magistrate Judge.
6/6/96	2B	Sign at ballpark	A judicial officer may support Little League Baseball by purchasing a ballpark sign with a message and the judicial officer's name, but without any judicial identification.
11/25/97	4A, 4B and 3B(9)	Talk Radio show participation	A judicial officer may participate on a "talk radio" show about legal issues which is sponsored by a law firm as long as the judicial officer exercises caution when discussing matters on the program. More specifically, the judicial officer should confine his or her discussion to those areas addressed by Canon 4B (the law, the legal system and the administration of justice may be discussed generally) and must not discuss matters or areas which may come before him or her. Additionally, the judicial officer should be mindful that Canon 3B(9) prohibits a judicial officer from making public or nonpublic comments about any pending or impending court proceeding.
6/30/00	2	Testimony of a Judge	Once subpoenaed a judge may submit a letter in substitution for a personal appearance.
2/19/02	2(B)	Testimony of a magistrate as an expert witness	Citing Opinion 95-35 (Florida), Opinion 88-8 (Utah) and JIC Opinion dated 1/16/02 and the referred to Cannons, the Commission found that a Magistrate may not properly testify in other courts as an expert.
1/16/02	2(B) 6(B)	Testimony of a Senior Status Judge	Citing Opinion 95-35(Florida)and Opinion 88-8(Utah) and the referred to Cannons, the Commission found that a senior status judge may not properly appear as an expert witness in a civil case for the purpose of testifying about the reasonableness of attorney’s fees in the settlement of a civil action.
4/14/88	3B(3) & 1	Unprofessional conduct duty to report)	Judicial officer has a duty to report unprofessional conduct of other judicial officers and lawyers.

Advertisements	Disclosure of Information in Juvenile Files	Legislative Activity	Public Financial Reports
Appearance of Impropriety	Employment	Letters	Public Protest of a Zoning Ordinance Change
Applicability(Code of Judicial Conduct & Etchics)	Ex Parte Communication Disciplinary Responsibilities	License Plates	Publication of legal research and analysis
Appointments	Extrajudicial Activities	Media	Purchase of a Vehicle by Spouse, etc.
Attendance	Financial Activities	Membership	Rental Property
Avoidance of Impropriety	Free Speech	Money	Retirement of Campaign Debt
Charitable Foundations	Fund-Raising	Ownership of Non-Profit Stock	Riding in a Parade
Comment on Proceeding	Gifts	Political Activity	Service
Conflict of Interest	Governmental Activities	Political Contributions	Sign at Ballpark
Contingency Fees; Reporting Requirements	Integrity and Independence	Practice of Law	Talk Radio
Correspondence to Support Son's Case	Judicial Duties	Private Investigation	Testimony
Disqualification	Judicial Watch	Public Comment	Unprofessional Conduct