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HB 5518

Judicial Accountability and Recall Act

2026 Regular Session Introduced by Chris Anders

Establishes a voter-initiated recall mechanism allowing West Virginia voters to remove certain judges during their terms for any reason, with a defined petition and recall election

To House Judiciary
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Bill Summary · HB 5518

Summary of HB 5518 (2026) – Judicial Accountability and Recall Act (West Virginia)

Overview

HB 5518 proposes a new article in the West Virginia Code to create a voter-initiated recall mechanism for state judicial officers. The act is titled the “Judicial Accountability and Recall Act.” It establishes who is subject to recall, grounds for recall, the process to initiate and verify recall petitions, how recall elections are conducted, and consequences for judges who are recalled. The bill emphasizes balancing judicial independence with public accountability and explicitly notes that it does not replace existing disciplinary avenues such as impeachment, judicial discipline, or criminal prosecution.

  • Introduced: February 13, 2026
  • Primary sponsor: Delegate Chris Anders (with a co-sponsor)
  • Status: Referred to House Judiciary (as of introduction)

1) Main purpose and intent

  • Establish a lawful, voter-initiated mechanism for recalling certain judicial officers during their terms.
  • Provide a formal process for public accountability when misconduct, abuse of authority, bias, or loss of public confidence is demonstrated or alleged.
  • Maintain the integrity of judicial independence while ensuring accountability and a remedy other than impeachment or discipline in appropriate cases.
  • Clarify that recall is an additional remedy and does not replace existing disciplinary, impeachment, or criminal processes.

2) Key provisions and changes

A. Who is subject to recall

  • Judicial officers covered:
    • Justices of the Supreme Court of Appeals of West Virginia
    • Judges of the Intermediate Court of Appeals
    • Circuit Court Judges
    • Family Court Judges
    • Magistrates
  • Appointed or elected judges serving fixed terms may be recalled after the first six months of service.

B. Grounds for recall

  • A recall may be initiated for any reason, including but not limited to:
    • Misconduct or abuse of authority
    • Failure to follow the law or judicial ethics
    • Demonstrated bias or denial of due process
    • Loss of public confidence
  • A finding of misconduct or violation is not required to initiate or sustain a recall.
  • Ground sufficiency is not subject to judicial review.

C. Initiation of recall petition

  • Initiation method: filing a Notice of Intent to Recall with the Secretary of State.
  • Notice contents:
    • Name and office of the judicial officer
    • A statement of reasons (up to 200 words)
    • Name and contact information of the proponent(s)
  • The judicial officer may submit a 200-word response to be included on the recall petition.

D. Signature requirements

  • Signature threshold: 20% of the votes cast in the last election for that office.
  • Time limits to collect signatures:
    • 160 days for statewide judges
    • 120 days for circuit, family, or magistrate judges
  • Signature verification by the Secretary of State or the appropriate county clerk.

E. Recall election process

  • Scheduling: Once sufficient signatures are certified, a recall election must be held within 60 to 90 days.
  • Ballot contents:
    • The recall question (e.g., “Shall , , be recalled (removed) from office?”)
    • The judicial officer’s statement (if provided)
    • The statement of reasons from the petition
  • Outcome: A majority vote in favor of recall results in immediate removal from office.

F. Vacancy and replacement

  • Upon recall, the office is vacant.
  • Vacancy filled according to existing constitutional and statutory appointment procedures.
  • A recalled judge is ineligible to hold judicial office for six years following removal.

G. Limitations

  • Prohibited recall initiation:
    • Within six months of taking office
    • Within six months of the end of a term
  • No more than one recall election may be held against the same judge in a single term.

H. Construction and interplay with other remedies

  • The act aims to preserve judicial independence while enabling accountability and a constitutional mechanism for redress.
  • It does not limit or replace:
    • Judicial disciplinary proceedings
    • Impeachment
    • Criminal prosecution

I. Effective date

  • The act takes effect 90 days after passage.

3) Who or what would be affected

  • Affected stakeholders:

    • Judicial officers listed in §3-10A-3 (Justices, Appellate judges, Circuit, Family, and Magistrates)
    • Registered voters in West Virginia (who would sign recall petitions)
    • Secretary of State and county clerks (signature verification and administration)
    • State and local bodies responsible for filling vacancies following recall

  • Potential impacts:

    • Creates a formal, time-bound avenue for removing judges during their terms
    • Introduces a new reputational and political accountability mechanism
    • Could influence judicial behavior and public perception of the judiciary

4) Procedural and timeline aspects

  • Initiation: Notice of Intent to Recall filed with Secretary of State
  • Signature collection window:
    • 160 days ( statewide judges )
    • 120 days ( circuit, family, magistrates )
  • Certification and scheduling: 60–90 days to schedule recall election after certification
  • Election result: Majority support required for removal
  • Post-removal: Vacancy filled per existing procedures; recalled judge barred from holding office for six years
  • Restrictions: No recall within six months of taking office or six months before end of term; only one recall election per term for a given judge
  • Effective date: 90 days after enactment

5) Likely considerations and potential questions

  • How courts or advocates would respond to “any reason” grounds, including subjective criteria like “loss of public confidence.”
  • How recall costs and logistics compare to existing impeachment or disciplinary processes.
  • Potential impact on judicial independence versus public accountability.
  • Interplay with constitutional provisions governing vacancies and appointment procedures.

This summary covers the substantive provisions, scope, process, and potential implications of HB 5518 as introduced in the West Virginia 2026 regular session. If you’d like, I can add a side-by-side comparison with existing recall or impeachment mechanisms in other states.

Compiled from official sources — confirm details with the bill’s official record.

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