HB 5366 — Relating to rules governing the practice of law

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 5366 ByBYDELEGATEFUNKHOUSER DelegatesAADKERS Funkhouser[Passed andMarch Akers14, [Introduced February 09, 2026;

referredin toeffect the90 Committeedays onfrom thepassage Judiciary](June Eng12, 2026)] Enr HB 53685366 AAN BILLACT to amend and reenact §51-1-4a of the Code of West Virginia, 1931, as amended, relating to establishing that all records, files, or other documents gathered or provided pursuant to rules governingpromulgated by the practiceSupreme Court of law;Appeals relating to the procedures, referrals, and services of the West Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from disclosure under the Freedom of Information Act.

and providing that certain records deemed confidential by rules promulgated by the Supreme Court of Appeals are not subject to public records requests.

(a)(1)(1) Defining the practice of law.

(b)(2)(2) Prescribing a code of ethics governing the professional conduct of attorneys at law and the practice of law, and prescribing a code of judicial ethics.

(c)(3)(3) Prescribing procedure for disciplining, suspending, and disbarring attorneys at law.

(d)(4)(4) Organizing and governing by and through all of the attorneys at law practicing in this state, an administrative agency of the Supreme Court of Appeals of West Virginia, which shall be known as "The West Virginia State Bar." The West Virginia State Bar shall be a part of the judicial department of the state government and is hereby createdcontinued for the purpose of enforcing such rules as may be prescribed, adopted and promulgated by the court from time to time under this section.

It ismay hereby authorized and empowered to perform the functions and purposes expressed in a Constitution, bylaws and amendments thereto asthat shallare be approved by the Supreme Court of Appeals from time to time.

All persons practicing law in this state shall be members of the West Virginia State Bar in good standing:standing.

Provided,(5) however,Fixing Thata theschedule Westof Virginiafees Stateto Barbe shallpaid notby become operative until its Constitution and bylaws shall first have been submitted to all attorneys at law practicing in this state, including those presently serving in the ArmedState Forces of theWest UnitedVirginia States, for the purpose of securingadministering thethis suggestionssection, and recommendationsproviding offor allthe suchcollection attorneysand atdisbursement Eng HB 5368 law, for a period of at least sixty days prior to the entryfees. of an order by such court approving said Constitution and bylaws.

(e)(5)Enr FixingHB a5366 schedule(b) ofThe feesinherent torule-making bepower paid by attorneys at law practicing in the State of West Virginia for the purposeSupreme Court of administeringAppeals thisis section,hereby anddeclared. providing for the collection and disbursement of such fees:

Provided,(c) however,When Thatand as the annualrules feesof tothe becourt paidauthorized byin anythis attorneysection atare lawprescribed, shalladopted, notand exceedpromulgated, theall sumlaws ofand $5,parts unlessof alaws majoritythat ofconflict with the attorneysrules atshall lawbe practicingand inbecome thisof stateno consentfurther force or effect to the paymentextent of asuch higherconflict. annual fee.

(b) The inherent rule-making power of the Supreme Court of Appeals is hereby declared.

(c) When and as the rules of the court herein authorized shall be prescribed, adopted, and promulgated, all laws and parts of laws that conflict therewith shall be and become of no further force or effect to the extent of such conflict.

Enr HB 5366 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

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Governor 3