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HB5366 • 2026

Relating to rules governing the practice of law

Relating to rules governing the practice of law

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Funkhouser, Akers
Last action
2026-04-01
Official status
Effective Ninety Days from Passage - (June 12, 2026)
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English:  HB5366 HFA Akers 3-2 #1 Morgan 3345 Delegate Akers moved to amend the bill on page 2, section 4a, line 30, by striking the entirety of subsection (d) and inserting in lieu thereof the following: (d) Records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq .

  •  HB5366 HFA Akers 3-2 #1 Morgan 3345 Delegate Akers moved to amend the bill on page 2, section 4a, line 30, by striking the entirety of subsection (d) and inserting in lieu thereof the following: (d) Records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq .
  • of this code, to the extent those rules designate them as confidential.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5366 HFA Akers 3-2 #1 Morgan 3345 Delegate Akers moved to amend the bill on page 2, section 4a, line 30, by striking the entirety of subsection (d) and inserting in lieu thereof the following: (d) Records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq .

  •  HB5366 HFA Akers 3-2 #1 Morgan 3345 Delegate Akers moved to amend the bill on page 2, section 4a, line 30, by striking the entirety of subsection (d) and inserting in lieu thereof the following: (d) Records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq .
  • of this code, to the extent those rules designate them as confidential.
  • Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5366 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5366 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5366 -- “A BILL to amend and reenact §51-1-4a of the Code of West Virginia, 1931, as amended, relating to establishing that all records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq .
  • of this code, to the extent those rules designate them as confidential.”; Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5366 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5366 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5366 -- “A BILL to amend and reenact §51-1-4a of the Code of West Virginia, 1931, as amended, relating to establishing that all records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq .
  • of this code, to the extent those rules designate them as confidential.”; Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-04-01 H

    Approved by Governor 4/1/2026

  2. 2026-03-25 H

    To Governor 3/25/26

  3. 2026-03-14 H

    Approved by Governor 4/1/2026 - House Journal

  4. 2026-03-14 S

    Approved by Governor 4/1/2026 - Senate Journal

  5. 2026-03-14 S

    To Governor 3/25/2026 - Senate Journal

  6. 2026-03-14 S

    House Message received

  7. 2026-03-14 H

    Completed legislative action

  8. 2026-03-14 H

    Communicated to Senate

  9. 2026-03-14 H

    House concurred in Senate amendment and passed bill (Roll No. 684)

  10. 2026-03-14 H

    House received Senate message

  11. 2026-03-13 S

    Senate requests House to concur

  12. 2026-03-13 S

    Passed Senate with amended title (Roll No. 565)

  13. 2026-03-13 S

    Read 3rd time

  14. 2026-03-13 S

    On 3rd reading

  15. 2026-03-12 S

    Committee amendment adopted (Voice vote)

  16. 2026-03-12 S

    Read 2nd time

  17. 2026-03-12 S

    On 2nd reading

  18. 2026-03-11 S

    Read 1st time

  19. 2026-03-11 S

    Immediate consideration

  20. 2026-03-11 S

    Reported do pass, with amendment and title amendment

  21. 2026-03-05 S

    To Judiciary

  22. 2026-03-05 S

    To Judiciary

  23. 2026-03-05 S

    Introduced in Senate

  24. 2026-03-04 H

    Communicated to Senate

  25. 2026-03-04 H

    Title amendment adopted (Voice vote)

  26. 2026-03-04 H

    Passed House (Roll No. 310)

  27. 2026-03-04 H

    Read 3rd time

  28. 2026-03-04 H

    On 3rd reading, Special Calendar

  29. 2026-03-03 H

    Amendment adopted (Voice vote)

  30. 2026-03-03 H

    Amendment reported by the Clerk

  31. 2026-03-03 H

    Read 2nd time

  32. 2026-03-03 H

    On 2nd reading, Special Calendar

  33. 2026-03-02 H

    Read 1st time

  34. 2026-03-02 H

    Immediate consideration

  35. 2026-03-02 H

    Do pass

  36. 2026-02-26 H

    Markup Discussion

  37. 2026-02-09 H

    To House Judiciary

  38. 2026-02-09 H

    Introduced in House

  39. 2026-02-09 H

    To Judiciary

  40. 2026-02-09 H

    Filed for introduction

Official Summary Text

Relating to rules governing the practice of law

Current Bill Text

Read the full stored bill text
HB 5366 Text

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
ENROLLED
House Bill 5366
By Delegates Funkhouser and Akers
[Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)]

AN ACT to amend and reenact §51-1-4a of the Code of West Virginia, 1931, as amended, relating to establishing that all records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act.
Be it enacted by the Legislature of West Virginia:

ARTICLE 1. SUPREME COURT OF APPEALS.

§51-1-4a. Rules governing practice of law; creation of West Virginia State Bar; providing its powers, and fees for administration.

(a) The Supreme Court of Appeals of West Virginia shall, from time to time, prescribe, adopt, promulgate, and amend rules:
(1) Defining the practice of law.
(2) Prescribing a code of ethics governing the professional conduct of attorneys at law and the practice of law, and prescribing a code of judicial ethics.
(3) Prescribing procedure for disciplining, suspending, and disbarring attorneys at law.
(4) Organizing and governing by and through all of the attorneys at law practicing in this state, an administrative agency of the Supreme Court of Appeals of West Virginia, which shall be known as "The West Virginia State Bar." The West Virginia State Bar shall be a part of the judicial department of the state government and is hereby continued for the purpose of enforcing such rules prescribed, adopted and promulgated by the court from time to time under this section. It may perform the functions and purposes expressed in a Constitution, bylaws and amendments thereto that are approved by the Supreme Court of Appeals from time to time. All persons practicing law in this state shall be members of the West Virginia State Bar in good standing.
(5) Fixing a schedule of fees to be paid by attorneys at law practicing in the State of West Virginia for the purpose of administering this section, and providing for the collection and disbursement of the fees.
(b) The inherent rule-making power of the Supreme Court of Appeals is hereby declared.
(c) When and as the rules of the court authorized in this section are prescribed, adopted, and promulgated, all laws and parts of laws that conflict with the rules shall be and become of no further force or effect to the extent of such conflict.
(d) Records, files, or other documents gathered or provided pursuant to rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1
et seq.
of this code, to the extent those rules designate them as confidential.
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates

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Clerk of the Senate

Originated in the House of Delegates.

In effect
90 days
from passage.

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Speaker of the House of Delegates

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President of the Senate

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

.............................................................
Governor

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