HB 5518
Judicial Accountability and Recall Act
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the Judicial Accountability and Recall Act, would establish a process for West Virginia voters to initiate recall elections for judicial officers, including Supreme Court Justices, Court of Appeals Judges, Circuit Court Judges, Family Court Judges, and Magistrates. It allows for a recall election based on various grounds, such as misconduct or loss of public confidence, and outlines the procedures for petitioning, scheduling, and conducting a recall election. Following a successful recall election, the judicial officer’s office would be considered vacant, and a replacement would be appointed according to existing procedures.
Key provisions
- Establishes a process for voters to recall judicial officers.
- Allows recall elections for Justices of the Supreme Court of Appeals, Judges of the Intermediate Court of Appeals, Circuit Court Judges, Family Court Judges, and Magistrates.
- Grounds for recall include misconduct, abuse of authority, failure to follow the law, demonstrated bias, and loss of public confidence.
- A recall petition must be signed by 20% of the votes cast in the last election for that office.
- Recall elections must be scheduled within 60-90 days of signature certification.
- A majority vote in favor of recall results in immediate removal from office.
- A recalled judge is ineligible to hold judicial office for six years.
- Limitations exist on when a recall petition can be filed.
Who is affected
- Judicial Officers (Justices, Judges, Magistrates)
- West Virginia Voters
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