Relating to rules governing the practice of law, the official text

WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

           House Bill 5366

               BY DELEGATES FUNKHOUSER AND AKERS
         [Passed March 14, 2026; in effect 90 days from

                        passage (June 12, 2026)]
    Enr HB 5366

1 AN ACT to amend and reenact §51-1-4a of the Code of West Virginia, 1931, as amended, relating

2   to establishing that all records, files, or other documents gathered or provided pursuant to

3   rules promulgated by the Supreme Court of Appeals relating to the procedures, referrals,

4   and services of the West Virginia Judicial and Lawyer Assistance Program are not public

5   records and are exempt from disclosure under the Freedom of Information Act.

    Be it enacted by the Legislature of West Virginia:

    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.

1   (a) The Supreme Court of Appeals of West Virginia shall, from time to time, prescribe,

2 adopt, promulgate, and amend rules:

3   (1) Defining the practice of law.

4   (2) Prescribing a code of ethics governing the professional conduct of attorneys at law

5 and the practice of law, and prescribing a code of judicial ethics.

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

7   (4) Organizing and governing by and through all of the attorneys at law practicing in this

8 state, an administrative agency of the Supreme Court of Appeals of West Virginia, which shall be

9 known as "The West Virginia State Bar." The West Virginia State Bar shall be a part of the judicial

10 department of the state government and is hereby continued for the purpose of enforcing such

11 rules prescribed, adopted and promulgated by the court from time to time under this section. It

12 may perform the functions and purposes expressed in a Constitution, bylaws and amendments

13 thereto that are approved by the Supreme Court of Appeals from time to time. All persons

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

15  (5) Fixing a schedule of fees to be paid by attorneys at law practicing in the State of West

16 Virginia for the purpose of administering this section, and providing for the collection and

17 disbursement of the fees.

                                       1
    Enr HB 5366

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

19  (c) When and as the rules of the court authorized in this section are prescribed, adopted,

20 and promulgated, all laws and parts of laws that conflict with the rules shall be and become of no

21 further force or effect to the extent of such conflict.

22  (d) Records, files, or other documents gathered or provided pursuant to rules promulgated

23 by the Supreme Court of Appeals relating to the procedures, referrals, and services of the West

24 Virginia Judicial and Lawyer Assistance Program are not public records and are exempt from

25 disclosure under the Freedom of Information Act as provided in §29B-1-1 et seq. of this code, to

26 the extent those rules designate them as confidential.

                 2
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.
         ...............................................................

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

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

                                                               3