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 laws, 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 under certain conditions. It outlines the definitions of key terms, the scope of the Act, and the criteria for civil liability, which requires clear and convincing evidence of misconduct.

Additionally, the bill sets forth remedies for victims of judicial misconduct, including compensatory and punitive damages, as well as injunctive relief. It establishes a five-year statute of limitations for filing civil actions and mandates that plaintiffs first file a complaint with a judicial oversight body. The oversight body is tasked with investigating claims, maintaining transparency, and reporting findings to the House Judiciary Committee. The Act is set to take effect on July 1, 2025, and will apply to judicial 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