SB 142
Relating to judges recusing themselves in certain instances
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes a procedure for judges in West Virginia 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 exceeding $250. If a judge suspects a conflict of interest, they can initiate a process to determine whether recusal is necessary, potentially with the agreement of the parties involved. The bill also creates an advisory committee to assist the Supreme Court of Appeals in developing court rules.
Key provisions
- Requires circuit judges, Intermediate Court of Appeals judges, and Supreme Court of Appeals justices to recuse themselves if a party’s lawyer or law firm contributed more than $250 to their campaign.
- Establishes a process for judges to consider waiving recusal with input from parties and their lawyers.
- Allows a judge to participate in a proceeding if parties and lawyers agree to forgo recusal.
- Designates the West Virginia Judicial Council as an advisory committee.
- Requires proposed court rules to be reviewed by the Judicial Council, the West Virginia Bar Association, and affected judges.
- Specifies a process for holding hearings on proposed court rules if requested.
- Mandates publication of court rules as an appendix to the Supreme Court of Appeals’ official reports.
- Sets a July 1, 2026, effective date for the recusal rule.
Who is affected
- Judges (circuit, Intermediate Court of Appeals, and Supreme Court of Appeals)
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