HB 3464
To establish civil liability for judges who knowingly violate the law, conduct unlawful hearings, or abuse litigants in the performance of their duties
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a legal framework for holding West Virginia judges civilly liable for misconduct. Specifically, it allows individuals harmed by judges who knowingly violate the law, conduct unlawful hearings, or abuse litigants to file lawsuits. The bill aims to increase accountability for judicial actions by removing judicial immunity in cases of willful misconduct and creating a process for oversight and reporting. It also sets a five-year statute of limitations for filing such claims.
Key provisions
- Establishes civil liability for judges who knowingly violate the law, conduct unlawful hearings, or abuse litigants.
- Waives judicial immunity for willful misconduct.
- Allows individuals harmed by judicial misconduct to file civil lawsuits.
- Outlines potential remedies, including compensatory and punitive damages.
- Creates a five-year statute of limitations for filing lawsuits.
- Requires a determination of willful misconduct by a judicial oversight body before a lawsuit can be filed.
- Mandates an annual report from the judicial oversight body on misconduct investigations.
- Requires the judicial oversight body to submit findings to the House Judiciary Committee.
Who is affected
- Judges
- Litigants
- The public
- The judicial system
- Attorneys
Notable changes
- Removes judicial immunity in cases of willful misconduct.
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