Judicial Accountability and Recall Act

HB 5518 Text

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House Bill 5518 History

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

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5518
By Delegate Anders
[Introduced February 13, 2026; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §3-10A-1, §3-10A-2, §3-10A-3, §3-10A-4, §3-10A-5, §3-10A-6, §3-10A-7, §3-10A-8, §3-10A-9, §3-10A-10, and §3-10A-11, relating to enacting the "Judicial Accountability and Recall Act," to allow and delineate processes for recall elections of judicial officers.
Be it enacted by the Legislature of West Virginia:

article 10A. recall of judicial officers.

§3-10A-1. Short title.

This article shall be known and may be cited as the "Judicial Accountability and Recall Act."

§3-10A-2. Legislative findings and purpose.

The Legislature finds that:
(a) Judicial independence is essential to the rule of law, but independence must coexist with accountability.
(b) West Virginia currently provides no mechanism for the public to recall a judicial officer during a term of office, even in cases of demonstrated misconduct.
(c) Judicial disciplinary proceedings alone do not provide an adequate or timely remedy when a judge abuses authority or violates fundamental rights.
(d) Several states provide a constitutional mechanism allowing voters to recall judges through a democratic process.
(e) Public confidence in the judiciary depends upon transparency, accountability, and the availability of lawful remedies when misconduct occurs.
(f) Therefore, the purpose of this article is to establish a lawful, voter-initiated recall process for judicial officers of the State of West Virginia.

§3-10A-3. Judicial officers subject to recall.

(a) The following judicial officers are subject to recall under this article:
(1) Justices of the Supreme Court of Appeals of West Virginia;
(2) Judges of the Intermediate Court of Appeals;
(3) Circuit Court Judges;
(4) Family Court Judges; and
(5) Magistrates.
(b) Judges appointed or elected to serve a fixed term may be recalled at any time after the first six months of service.

§3-10A-4. Grounds for recall.

(a) A recall may be initiated for any reason, including but not limited to:
(1) Misconduct or abuse of authority;
(2) Failure to follow the law or judicial ethics;
(3) Demonstrated bias or denial of due process; and
(4) Loss of public confidence.
(b) No finding of misconduct or violation is required to initiate or sustain a recall.
(c) The sufficiency of the grounds stated in a recall petition shall not be subject to judicial review.

§3-10A-5. Initiation of recall petition.

(a) A recall is initiated by filing a Notice of Intent to Recall with the Secretary of State.
(b) The Notice shall include:
(1) Name and office of the judicial officer;
(2) A statement of reasons not exceeding 200 words; and
(3) Name and contact information of the proponent(s).
(c) The judicial officer shall have the right to submit a 200-word response to be included on the recall petition.

§3-10A-6. Signature requirements.

(a) A recall petition must be signed by registered voters equal in number to 20 percent of the votes cast in the last election for that judicial office.
(b) Signatures must be collected within:
(1) One hundred sixty days for statewide judges; and
(2) One hundred twenty days for circuit, family, or magistrate judges.
(c) Signature verification shall be conducted by the Secretary of State or appropriate county clerk.

§3-10A-7. Recall election.

(a) Upon certification of sufficient signatures, a recall election shall be scheduled within 60 to 90 days.
(b) The ballot shall contain:
(1) The question: "Shall [Name], [Title], be recalled (removed) from office?"
(2) The judicial officer’s statement (if provided); and
(3) The statement of reasons from the petition.
(c) A majority vote in favor of recall shall result in immediate removal from office.

§3-10A-8. Vacancy and replacement.

(a) Upon recall, the office shall be deemed vacant.
(b) The vacancy shall be filled in accordance with existing constitutional and statutory appointment procedures.
(c) A recalled judge shall be ineligible to hold judicial office for a period of six years following removal.

§3-10A-9. Limitations.

(a) A recall petition may not be filed:
(1) Within six months of the judge taking office; or
(2) Within six months of the end of a term.
(b) No more than one recall election may be held against the same judge in a single term.

§3-10A-10. Construction.

(a) This article shall be construed to:
(1) Preserve judicial independence; and
(2) Ensure public accountability.
(3) Provide voters a constitutional mechanism of redress.
(b) Nothing in this article limits or replaces:
(1) Judicial disciplinary proceedings;
(2) Impeachment; or
(3) Criminal prosecution.

§3-10A-11. Effective date.

This Act shall take effect 90 days after passage.

NOTE: The purpose of this bill is to enact the "Judicial Accountability and Recall Act."
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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