Updating the West Virginia Law Institute

HB 4137 Text

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Engrossed Version

House Bill 4137 History

OTHER VERSIONS
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Committee Substitute (1)

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 4137
By Delegates Akers, Funkhouser, and Flanigan
[Originating in the Committee on the Judiciary;
Reported on January 28, 2026]

A BILL to amend and reenact §4-12-1, §4-12-2, §4-12-3, §4-12-4, §4-12-5, and §4-12-6 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Law Institute; updating the purpose and duties of the institute;
adding new members; clarifying how vacancies shall be filled; authorizing reimbursement for the members; and exempting the institute from open meetings laws.
Be it enacted by the Legislature of West Virginia:

Article 12. Establishment of a West Virginia Law Institute.

§4-12-1. Authority of Legislature to establish West Virginia law institute.

The West Virginia Legislature creates and establishes

There is continued
a state law institute, to be known as the "West Virginia Law Institute."
as

The institute is
an official advisory law revision and law reform agency of the State of West Virginia and
to

shall
be located at the West Virginia University college of law.

§4-12-2. Purposes and duties.

The
general purposes of the West Virginia law
institute
are to

shall
promote and encourage the clarification and simplification of the
law of West Virginia

laws of this state,

to
improve the better administration of justice, and
to
conduct scholarly legal research and scientific legal work.
To that end it shall be the duty of the West Virginia law institute to

The institute shall:
(a) Consider needed improvements in both substantive and procedural law and to make recommendations concerning the same to the
Legislature

Joint Committee on Government and Finance;
(b) Examine and study the law
of West Virginia
to discover defects and inequities and of recommending needed reforms;
(c) Receive and consider suggestions from judges, justices, public officials, lawyers and the public
generally
as to defects and anachronisms in the law;
(d) Recommend
from time to time such
changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law;
(e) Recommend the repeal of obsolete statutes and suggest needed amendments, additions, and deletions;
(f)

Render annual reports

Submit a report
to the
Legislature

Joint Committee on Government and Finance,

and, if it deems so advisable

and it may
accompany its reports with proposed bills to carry out any of its recommendations;
(f)

Recommend the repeal of obsolete statutes and suggest needed amendments, additions and deletions; and
(g) Organize and conduct an annual meeting
within the state
for scholarly discussions of current problems in West Virginia law.
bringing together representatives of the Legislature, practicing attorneys, members of the judiciary and West Virginia State Bar and representatives of the law teaching profession

§4-12-3. Governing council and members.

(a) The institute shall have such members and committees as the governing body of the West Virginia law institute may direct. The governing body shall also elect a president, secretary and any other officers as it determines necessary.
(b) The governing body of the institute shall be a council composed of ex officio members and elected members as follows
(a) The institute shall be composed of members as follows:
(1) One justice of the West Virginia Supreme Court of Appeals
, or a designee,
to be selected by the justices thereof;
(2) One circuit court judge, selected by the West Virginia judicial association;
(3) One federal judge residing in West Virginia, selected by the federal judges residing in West Virginia;
(4) The Attorney General of the State of West Virginia,
or his or her designee;
(5) One legal counsel to the Governor of the State of West Virginia;
(6) The chairperson of the judiciary committees of the Senate and the House of Delegates
of the West Virginia Legislature
or an attorney member of the respective committees appointed by the chairperson of the committee;
(7) One member
each
from the majority and minority parties of the Senate and the House of Delegates
of the West Virginia Legislature
to be selected by the President of the Senate and the Speaker of the House of Delegates, respectively;
(8) The director of West Virginia Legislative Services;
(9) The chairperson of the West Virginia commission on uniform state laws;
(10) The president and
first vice
president
elect
of the West Virginia State Bar;
(11) The chairperson of the young lawyers section of the West Virginia State Bar;
(12) The dean of the West Virginia University college of law;
(13) Two attorneys appointed by the Governor
of the State of West Virginia
for terms to run concurrently with the term of the Governor;
(14) The director of
the continuing legal education program sponsored by the West Virginia State Bar and the

Career Services at
West Virginia University college of law; and
(15) The editor-in-chief of the West Virginia law review.
(c)
(16)

The elected membership shall consist of two

Two
faculty members
who shall be elected from the members of the faculty
of the West Virginia University
college of law

College of Law
and four practicing attorneys from each of the congressional districts in the state who shall be selected by the board of Governors of the West Virginia State Bar
.
(17) Six practicing attorneys from each congressional district who shall be selected by the Board of Governors of the West Virginia State Bar.
(d)
(b)
All
ex officio
members of the
council

institute
shall hold their positions during their respective terms of office. The term of office of the
elected
members of the
council

institute
shall be four years,
and shall be staggered by the appointing person.

The terms of office of the first elected practicing attorney members shall be appointed by the board of Governors of the West Virginia State Bar such that four shall be appointed for two years, four for three years and four for four years
Thereafter, appointments shall be for four years.
Elected members

Members
of the
council

institute
shall be eligible for
reelection

one additional term.
(e)
(c)
Vacancies in the
elected
membership
created by death, resignation or otherwise

other
than by the expiration of the terms of office shall be filled by the
council under such rules as it may adopt

institute, according to its bylaws.
(d) The institute may select additional members as provided for in its bylaws.

§4-12-4. Compensation of members of the council of the West Virginia law institute, director and assistants.

The
citizen
members of the
council of the West Virginia law
institute
shall serve without any compensation for services as such

are entitle to receive reimbursement in according with §4-2A-6.
The
council

institute
may employ and
fix and
pay reasonable compensation to the director of the institute and the director's assistants, and may pay honoraria to
members of the council

persons
who perform professional services
for the institute
, as authorized by the
council

institute's bylaws
.
The compensation provided for in this section shall come from private funding and no state funds are to be provided for this institute

§4-12-5. Adoption of membership plan.

The
council of the West Virginia law
institute shall adopt a plan
or plans
of membership in the
West Virginia law
institute
so designated as
to encourage and invite the cooperation of all members of the legal profession in the work of the institute.

§4-12-6. Institute to act in advisory capacity only; distribution of reports, studies, and recommended publications.

(a)
The
West Virginia law
institute, in submitting reports to the Legislature, shall act solely in an advisory capacity. Its reports, studies and recommended publications shall be printed and shall be distributed by the institute.
in a manner as directed by the council
(b) As an advisory body, the institute is not subject to §6-9A-1¸
et seq.

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