The proposed bill introduces the "Judicial Accountability and Civil Liability Act" to the Code of West Virginia, establishing 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 pursuing civil action. It includes provisions for transparency in investigations and mandates that findings be reported to the House Judiciary Committee. The Act establishes a five-year statute of limitations for initiating claims and is set to take effect on July 1, 2025, applying 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