Relating to judges recusing themselves in certain instances

SB 142 Text

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Introduced Version

Senate Bill 142 History

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

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 142
By Senator Tarr
[Introduced January 14, 2026; referred
to the Committee on the Judiciary]
A BILL to amend §51-1-4 of the Code of West Virginia, 1931, as amended, relating to regulation of procedure in all courts of record; and providing a procedure when judges may be recused in legal proceedings if a party’s lawyer or the law firm of a party’s lawyer has contributed to a judge's campaign.
Be it enacted by the Legislature of West Virginia:

ARTICLE 1. SUPREME COURT OF APPEALS.

§51-1-4. Regulation of pleading, practice and procedure in all courts of record; judicial council as advisory committee.

(a)
The Supreme Court of Appeals may, from time to time, make and promulgate general rules and regulations governing pleading, practice and procedure in such court and in all other courts of record of this state. All statutes relating to pleading, practice and procedure shall have force and effect only as rules of court and shall remain in effect unless and until modified, suspended or annulled by rules promulgated pursuant to the provisions of this section.
Such

The
rules and regulations shall be uniform for all courts of the same grade or class; but any court of the state other than the Supreme Court of Appeals may adopt rules of court governing its local practice, but such rules of local practice shall not be inconsistent with any general rule of court then in existence or thereafter promulgated, and shall be effective only after approval by the Supreme Court of Appeals.
(b) Beginning on July 1, 2026, the Supreme Court of Appeals shall adopt rules that require any circuit judge, judge of the Intermediate Court of Appeals, or justice of the Supreme Court of Appeals, to recuse himself or herself in any proceeding in which a party’s lawyer or the law firm of a party’s lawyer has within the most recent election made aggregate contributions to the judge’s campaign in an amount that is greater than $250.
(c) If a judge subject to this section knows or learns by means of timely motion the grounds for the recusal, the judge may ask the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive recusal. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be recused, the judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding.

(d)
The judicial council of West Virginia is hereby designated as advisory committee to make observation and report to the Supreme Court of Appeals, from time to time,
such

the
recommendations as may, in its judgment, be proper; and all rules promulgated by the Supreme Court of Appeals under the authority of this section shall, before taking effect, be referred to the chairman of the judicial council, the president of the West Virginia bar association and to the judge of every court affected thereby.
In the event

If
a hearing is requested, within 20 days after
such

the
reference, by any five of the persons so designated, the Supreme Court of Appeals shall thereupon designate a day when a hearing on the matter of the adoption of
such

the
rules shall be held.
In the event

If
no hearing is requested or, if requested, after
such

the
hearing, the Supreme Court of Appeals
shall be free to
may adopt or reject the proposed rules. General rules and regulations governing pleading, practice and procedure, and local rules, shall from time to time be published as an appendix to the official reports of the Supreme Court of Appeals and bound therewith.

NOTE: The purpose of this bill is to provide a procedure in all courts of record to determine when judges may be recused in legal proceedings when party’s lawyer or the law firm of a party’s lawyer has contributed to a judge's campaign.
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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