HB 5250
Clarifying that the legislature cannot impede the judiciary’s duties to assure the fair administration of justice when it or a member of a legislative body is a party in a proceeding relating to legislative actions
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies that the West Virginia legislature cannot interfere with the judicial branch’s ability to ensure fair administration of justice when a member of the legislature or a legislative employee is involved in a legal case related to legislative actions. Specifically, it establishes a ‘stay’ during certain periods when a legislator is a party to a proceeding, preventing them from being required to participate in the case. This aims to balance legislative duties with the judiciary’s constitutional responsibility to ensure timely and fair legal proceedings.
Key provisions
- Establishes a ‘stay’ during specific time periods when a legislator is a party to a legal case.
- Defines ‘applicable time period’ including pre-session, session, and post-session windows.
- Protects legislators and designated employees from appearing in court, responding to legal documents, or participating in discovery.
- Requires notification to the tribunal of the ‘stay’ and provides a timeframe for written confirmation.
- Allows for waiver of the ‘stay’ with consent from the legislator.
- Extends protections to clients of legislators.
- Requires cocounsel, partners, and employees of legislators to obtain consent before appearing in their stead.
- Makes any judgment violating the bill void.
Who is affected
- West Virginia Legislature Members
- West Virginia Legislative Staff
- Judicial Branch
- Parties involved in legal proceedings related to legislative actions
- Legal Tribunals
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