SB 625
Relating to judges disqualifying themselves in certain instances
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill requires West Virginia judges to recuse themselves from legal proceedings if a party’s lawyer or the law firm of that lawyer has made campaign contributions to the judge’s campaign exceeding $250 in the most recent election. If a judge believes recusal is warranted, they can initiate a process to consider a waiver with the parties involved, outside the presence of the judge and court staff. If the parties agree to waive recusal, the judge may participate in the proceeding, with the agreement documented in the court record.
Key provisions
- Requires circuit judges, Intermediate Court of Appeals judges, and Supreme Court of Appeals justices to recuse themselves.
- Establishes a threshold of $250 in campaign contributions from a party’s lawyer or law firm to trigger recusal.
- Allows a judge to request a waiver of recusal from the parties involved.
- Requires the parties to agree to waive recusal without the judge’s participation.
- The agreement to waive recusal must be documented in the court record.
- The judicial council will advise the Supreme Court of Appeals on rule development.
- Proposed rules must be reviewed by the judicial council, the West Virginia Bar Association, and affected judges.
- Rules will be published as an appendix to the Supreme Court of Appeals’ official reports.
Who is affected
- West Virginia Judges (Circuit, Intermediate Court of Appeals, and Supreme Court of Appeals Justices)
- Lawyers and law firms representing parties in legal proceedings
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