This bill proposes the addition of a new section, 6-6-10, to the Code of West Virginia, which outlines the process for the removal of elected and certain appointed officers by the courts. Under this new provision, a circuit court may remove an officer from their position upon petition if they are found to have neglected their duties, misused their office, or demonstrated incompetence that adversely affects their role. Additionally, removal can occur upon conviction of a misdemeanor or specific serious offenses, such as sexual assault or indecent exposure, provided that these convictions also have a material adverse effect on the conduct of the office.
The bill stipulates that the petition for removal must be signed by at least 15% of the registered voters residing within the jurisdiction of the officer in question, based on the total number of votes cast in the last election for that office. This legislative change aims to enhance accountability among elected and appointed officials by establishing a clear legal framework for their removal in cases of misconduct or criminal behavior.
Statutes affected: Introduced Version: 6-6-10