West Virginia Judiciary

Rules of Judicial Disciplinary Procedure | Table of Contents

RULES OF JUDICIAL DISCIPLINARY PROCEDURE

NOTE: The Rules of Judicial Disciplinary Procedure in West Virginia were adopted May 25, 1993, and became effective July 1, 1994

Contents

Section I - Rules 1 - 2.14

1. Judicial Investigation Commission.
1.1. Membership.
1.2. Terms.
1.3 Appointment.
1.4 Eligibility.
1.5. Vacancies.
1.6. Reappointment.
1.7. Election of officers.
1.8. Quorum.
1.9. Compensation and expenses.
1.10. Disqualification.
1.11. Authority.
2. Judicial disciplinary complaints.
2.1. Form of complaints.
2.2. Investigation of complaints.
2.3. Response to complaints.
2.4. Confidentiality.
2.5. Privilege and immunity.
2.6. Report on complaints.
2.7. Review of complaints.
2.8. Filing of formal charges.
2.9. Service of formal charges.
2.10. Response to formal charges.
2.11. Failure to file response.
2.12. Limitation of complaints.
2.13. Advisory opinions.
2.14. Extraordinary proceedings.

Section II - Rules 3 - 4.13

3. Judicial Hearing Board.
3.1. Membership.
3.2. Terms.
3.3. Appointment.
3.4. Eligibility.
3.5. Vacancies.
3.6. Reappointment.
3.7. Election of officers.
3.8. Quorum.
3.9. Compensation and expenses.
3.10. Disqualification.
3.11. Authority.
3.12. Exclusive jurisdiction.
4. Hearings on formal charges.
4.1. Time and place of hearing.
4.2. Notice of hearing.
4.3. Conduct of hearing.
4.4. Privilege and immunity.
4.5. Standard of proof.
4.6. Subpoena and contempt power.
4.7. Record of hearings.
4.8. Recommended disposition by Board.
4.9. Response to recommended disposition.
4.10. Consent to recommended disposition.
4.11. Objection to recommended disposition.
4.12. Permissible sanctions.
4.13. Attorney fees upon dismissal.

Section III - Rules 5 - 7.21

5. Office of Disciplinary Counsel.
5.1. Appointment.
5.2. Removal.
5.3. Practice of law.
5.4. Authority.
5.5. Expenses.
5.6. Statistical reporting.
6. Referrals to the West Virginia Judicial and Lawyer Assistance Program.
6.1. Notification.
6.2. WVJLAP Compliance.
6.3. Authority.
6.4. Confidentiality.
6.5. Refusal to comply.
6.6. Failure of rehabilitation.
6.7. Evaluation expenses.
6.8. Proceedings and process.
6.9. Information provided to Disciplinary Authorities by the WVJLAP.
6.10. Period of limitation for filing information.
7. Mandatory continuing judicial education.
7.1. Program administration.
7.2. Course approval.
7.3. Credit hours.
7.4. Exemptions.
7.5. Disciplinary action.
7.6. Annual report.
7.7. Presumptively approved courses.
7.8. Obtaining course approval.
7.9. Standards of accreditation.
7.10. Revocation of accredited status.
7.11. Delayed accreditation.
7.12. Reimbursement of expenses.
7.13. Finality of decisions.
7.14. Minimum continuing judicial education requirements.
7.15. Reporting.
7.16. New judges.
7.17. Obtaining credits.
7.18. Retroactive credit.
7.19. Transfer of credit.
7.20. Noncompliance and sanctions.
7.21. Right to hearing.

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