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Bill > HB4980


WV HB4980

WV HB4980
To establish civil liability for judges who knowingly violate the law, conduct unlawful hearings, or abuse litigants in the performance of their duties


summary

Introduced
01/29/2026
In Committee
01/29/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to create the "Judicial Accountability and Civil Liability Act."

AI Summary

This bill, titled the "Judicial Accountability and Civil Liability Act," establishes that judges in West Virginia can be held personally responsible in civil court if they knowingly violate the law, conduct hearings without proper legal authority or in violation of rights (an "unlawful hearing"), or mistreat individuals involved in legal proceedings ("abuse of litigants"). The bill defines "knowingly" as having actual knowledge or acting with willful disregard, and outlines specific examples of abuse, such as intentionally disregarding legal rights or showing bias. This new law aims to restore public trust by providing a remedy for significant harm caused by judicial misconduct, as traditional judicial immunity will not apply in cases of such willful misconduct, and victims can seek compensatory or punitive damages, attorney fees, and other relief, though it clarifies that this does not apply to good-faith decisions made within a judge's lawful authority and requires a prior determination of willful misconduct by a judicial oversight body.

Committee Categories

Justice

Sponsors (9)

Last Action

To House Judiciary (on 01/29/2026)

bill text


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