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. It mandates that the oversight body investigate claims and publish annual reports on its findings. The Act also establishes a five-year statute of limitations for initiating civil actions and includes provisions for disciplinary actions against judges found guilty of willful misconduct. The effective date for the Act is set for July 1, 2026, 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