Bill > HB5518

This bill, titled the "Judicial Accountability and Recall Act," establishes a process for voters to remove judicial officers from their positions before their terms end. The act aims to balance judicial independence with accountability, acknowledging that current disciplinary proceedings may not be sufficient for addressing misconduct or abuse of authority. It applies to various judicial roles, including Supreme Court Justices, Intermediate Court of Appeals Judges, Circuit Court Judges, Family Court Judges, and Magistrates, with specific rules for when a recall can be initiated after a judge has served at least six months. The grounds for recall are broad, encompassing misconduct, failure to follow the law, bias, or loss of public confidence, and importantly, no prior finding of misconduct is required to initiate or sustain a recall, nor can the stated grounds be reviewed by courts. To start a recall, a notice must be filed with the Secretary of State, including a brief statement of reasons, and the targeted judge has the opportunity to respond. A recall petition requires signatures from registered voters equal to 20% of the votes cast in the last election for that office, with specific timeframes for collecting these signatures depending on the judicial level. If enough valid signatures are gathered, a recall election will be scheduled, and if a majority votes to recall, the judge is immediately removed from office and cannot hold judicial office for six years. The bill also outlines that vacancies created by recall will be filled through existing appointment procedures and clarifies that this recall process does not replace or limit other existing mechanisms like judicial disciplinary proceedings, impeachment, or criminal prosecution.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5518&year=2026&sessiontype=RS&btype=bill