This bill aims to establish the sovereignty of law and judicial authority in West Virginia by introducing a new article that prohibits the enforcement of parallel legal systems and outlines the requirements for enforceability of contracts and arbitration agreements. It asserts that all judicial authority must derive from laws enacted by the U.S. Congress, the West Virginia Legislature, or the recognized common law of the state. The bill explicitly prohibits any alternative judicial systems from exercising authority over individuals or matters within the state and declares that contracts or agreements that violate constitutional rights or restrict access to the courts are unenforceable.

Additionally, the bill provides protections in family law and personal status matters, stating that decisions in these areas cannot be based on unauthorized legal systems. It allows individuals harmed by the enforcement of such prohibited systems to seek civil action for declaratory and injunctive relief, including the recovery of attorney fees if successful. The bill also includes a severability clause to ensure that if any provision is deemed invalid, the remaining provisions will still be effective.

Statutes affected:
Introduced Version: 51-1B-1, 51-1B-2, 51-1B-3, 51-1B-4, 51-1B-5, 51-1B-6, 51-1B-7, 51-1B-8, 51-1B-9