WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary.
A BILL to amend and
reenact §51-1-4a of the Code of West Virginia, 1931, as
amended, relating to the West Virginia State Bar; and removing requirement that
persons who pass the bar in West Virginia be members of the West Virginia State
Bar in order to practice law in this state.
Be it enacted by the
Legislature of West Virginia:
That §51-1-4a of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 1. SUPREME COURT
OF APPEALS.
§51-1-4a. Rules
governing practice of law; creation of West Virginia State Bar; providing its
powers, and fees for administration.
The Supreme Court of
Appeals of West Virginia shall, from time to time, prescribe, adopt, promulgate
and amend rules:
(a) Defining the practice
of law.
(b) 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) Prescribing procedure
for disciplining, suspending and disbarring attorneys at law.
(d) 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 created 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 is hereby authorized and empowered to perform the functions
and purposes expressed in a Constitution, bylaws and amendments thereto as
shall 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: Provided, That the West Virginia State Bar shall not
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 Armed Forces of the United States, for the purpose of
securing the suggestions and recommendations of all such attorneys at law, for
a period of at least sixty days prior to the entry of an order by such court
approving said Constitution and bylaws.
(e) Fixing a schedule of
fees to be paid by attorneys at law practicing in the State of West Virginia
for the purpose of administering this section, and providing for the collection
and disbursement of such fees: Provided, however, That the annual fees
to be paid by any attorney at law shall not exceed the sum of $5, unless a
majority of the attorneys at law practicing in this state consent to the
payment of a higher annual fee
The inherent rule-making
power of the Supreme Court of Appeals is hereby declared.
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.
NOTE: The purpose of this bill is
to remove requirement that persons who pass the bar in West Virginia be members
of the West Virginia State Bar in order to practice law in this state.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.