H. B. 2144
(By Delegate Hunt)
[Introduced February 18, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seventeen, article one,
chapter four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to legislative
members not required to attend court during session and at
other times; declaring all acts by court void when member of
Legislature unable to attend during session and at other
times; and applying this exemption to the clients of
attorney members of the Legislature.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article one, chapter four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-17. Members not required to attend court ten days before,
during or thirty days after sessions, two days before, during or three days after interim committee and party caucus meetings; legislative employees; sentences, judgments, etc., contrary to section.
(a) No member of the Legislature, without his or her
consent, may be required to appear in any action or proceeding in
any court of the state of West Virginia and/ or any court sitting
in said state or in or before any administrative agency of this
state or any other state or local governmental tribunal, either
as a party, witness or attorney within ten days immediately
before, at any time during any session of the Legislature, and
within thirty days thereafter, or two days immediately before, at
any time during any interim meetings of any committee of the
Legislature or party caucus, and within three days thereafter.
Five temporary legislative employees may be designated in writing
by the speaker of the House of Delegates to the clerk of the
House of Delegates and five temporary legislative employees may
be designated in writing by the president of the Senate to the
clerk of the Senate. No such designee, without his or her consent, may be required to appear in any action or proceeding in
any court of the state of West Virginia and/ or any court sitting
in said state or in or before any administrative agency of this
state or any other state or local governmental tribunal either as
a party, witness or attorney at any time during any period of
designation or session of the Legislature, and within thirty days
thereafter.
(b) Any sentence, judgment, order or decree made contrary to
the provisions of this section, in any action or proceeding,
without the consent of such member of the Legislature or
designated employee who is a party or attorney therein, if in a
court having regular terms, shall be set aside upon the
application by motion of any party to the action or proceedings
or by the attorney of such party, if made at the next regular
term of such court commencing after the adjournment of such
session of the Legislature, and, if in a court not having regular
terms or by a magistrate, or by an administrative agency of this
state, or any other state or local governmental tribunal, shall
be set aside upon such application if made within thirty days
next following such adjournment. Such sentences, judgments,
orders and decrees shall not be invalid by reason of the
provisions hereof until and unless set aside in the manner and
within the time limits herein prescribed void.
(c) If any member of the Legislature or temporary employee is a licensed attorney in this state, that attorney's client may
not be required to attend court on any matters that the member or
temporary employee formally represents that person, pursuant to
the provisions of subsection (a) of this section.
NOTE: The purpose of this bill is to declare void any
judicial actions taken against members of the Legislature while
in session and at other times. The bill further adds the
exemption to clients of licensed attorneys in this state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.