HB 4137 — Updating the West Virginia Law Institute

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ReportedB. on January 28, 2026] Eng CS for HB 4137 A BILL to amend and reenact §4-12-1, §4-12-2, §4-12-3, §4-12-4, §4-12-5, and §4-12-6 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Law Institute;

4137 -- “A BILL to amend and reenact §4-12-1, §4-12-2, §4-12-3, §4-12-4, §4-12-5, and §4-12-6 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Law Institute;

 related to the continuing nature of the West Virginia Law Institute;

addingclarifying newthe members;composition, terms, of members of the West Virginia Law Institute;

clarifying the process of when vacancies occur within the membership;

authorizing reimbursement for the citizen members;

andauthorizing exempting the instituteWest fromVirginia openLaw meetingsInstitute laws.to pay honoraria to persons who perform professional services, as authorized by the institute’s bylaws;

Beand itexempting enactedthe byWest Virginia Law Institute from the Legislaturerequirements of West§6-9A-1 Virginia:et seq.     AdoptedRejected 

ARTICLE 12.

ESTABLISHMENT OF A WEST VIRGINIA LAW INSTITUTE.

§4-12-1.

Authority of Legislature to establish West Virginia law institute.

The West Virginia Legislature creates and establishes There is continued a state law institute, to be known as the "West Virginia Law Institute." as The institute is an official advisory law revision and law reform agency of the State of West Virginia and to shall be located at the West Virginia University college of law.

§4-12-2.

Purposes and duties.

The general purposes of the West Virginia law institute are to shall promote and encourage the clarification and simplification of the law of West Virginia laws of this state, to improve the better administration of justice, and to conduct scholarly legal research and scientific legal work.

To that end it shall be the duty of the West Virginia law institute to The institute shall:

(a) Consider needed improvements in both substantive and procedural law and to make recommendations concerning the same to the Legislature Joint Committee on Government and Finance;

(b) Examine and study the law of West Virginia to discover defects and inequities and of recommending needed reforms;

(c) Receive and consider suggestions from judges, justices, public officials, lawyers and the public generally as to defects and anachronisms in the law;

(d) Recommend from time to time such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law;

1 Eng CS for HB 4137 (e) Recommend the repeal of obsolete statutes and suggest needed amendments, additions, and deletions;

(f) Render annual reports Submit a report to the Legislature Joint Committee on Government and Finance, and, if it deems so advisable and it may accompany its reports with proposed bills to carry out any of its recommendations;

(f) Recommend the repeal of obsolete statutes and suggest needed amendments, additions and deletions;

and (g) Organize and conduct an annual meeting within the state for scholarly discussions of current problems in West Virginia law.

bringing together representatives of the Legislature, practicing attorneys, members of the judiciary and West Virginia State Bar and representatives of the law teaching profession §4-12-3.

Governing council and members.

(a) The institute shall have such members and committees as the governing body of the West Virginia law institute may direct.

The governing body shall also elect a president, secretary and any other officers as it determines necessary.

(b) The governing body of the institute shall be a council composed of ex officio members and elected members as follows (a) The institute shall be composed of members as follows:

(1) One justice of the West Virginia Supreme Court of Appeals, or a designee, to be selected by the justices thereof;

(2) One circuit court judge, selected by the West Virginia judicial association;

(3) One federal judge residing in West Virginia, selected by the federal judges residing in West Virginia;

(4) The Attorney General of the State of West Virginia, or his or her designee;

(5) One legal counsel to the Governor of the State of West Virginia;

2 Eng CS for HB 4137 (6) The chairperson of the judiciary committees of the Senate and the House of Delegates of the West Virginia Legislature or an attorney member of the respective committees appointed by the chairperson of the committee;

(7) One member each from the majority and minority parties of the Senate and the House of Delegates of the West Virginia Legislature to be selected by the President of the Senate and the Speaker of the House of Delegates, respectively;

(8) The director of West Virginia Legislative Services;

(9) The chairperson of the West Virginia commission on uniform state laws;