This bill amends and reenacts section 51-2A-7 of the Code of West Virginia, which pertains to the powers and functions of family court judges. It clarifies that family court judges have the authority to manage court business, summon witnesses, control discovery, compel evidence production, discipline attorneys, prevent abuse of process, and correct record errors. Additionally, it outlines the responsibilities of family court judges in supervising and administering family courts, including the promulgation of local administrative rules, which must be agreed upon by all judges in a circuit or established by the chief judges if consensus cannot be reached.
A significant addition to the bill is the definition of "abuse of process," which is described as the willful or malicious misuse of lawfully issued process for unintended purposes, such as harassment or intimidation of litigants or witnesses. This definition aims to provide clarity and guidance on what constitutes abuse of process within the family court system, thereby enhancing the judicial framework and protecting the integrity of legal proceedings.
Statutes affected: Introduced Version: 56-3-35
Committee Substitute: 51-2A-7