The proposed bill aims to establish the "Judicial Accountability and Civil Liability Act" in West Virginia, which introduces civil liability for judges who engage in misconduct, including knowingly violating the law, conducting unlawful hearings, or abusing litigants. The bill specifies that traditional judicial immunity will not apply in cases of willful misconduct, allowing for civil actions against judges if proven by clear and convincing evidence. It outlines the definitions of key terms, the scope of the Act, and the civil liabilities judges may face, including compensatory and punitive damages, as well as injunctive relief.

Additionally, the bill sets forth a process for oversight and reporting of judicial misconduct claims, requiring plaintiffs to first file a complaint with a judicial oversight body before initiating a civil action. It establishes a five-year statute of limitations for such claims and mandates that the oversight body publish annual reports on its findings. The Act is designed to enhance public trust in the judicial system by ensuring accountability for judges' actions, with an effective date of July 1, 2025, for conduct occurring on or after that date.

Statutes affected:
Introduced Version: 51-12-1, 51-12-2, 51-12-3, 51-12-4, 51-12-5, 51-12-6, 51-12-7, 51-12-8, 51-12-9, 51-12-10