Rule 17.01 - Motions for Disqualification Upon a proper disqualification motion, as set forth in this rule, a judge shall be disqualified from a proceeding only where the judge's impartiality might reasonably be questioned in accordance with the principles established in Canon 2, Rule 2.11 of the Code of Judicial Conduct.
(a) In any proceeding, any party may file a written motion for disqualification of a judge within thirty (30) days after discovering the ground for disqualification. The motion shall be addressed to the judge whose disqualification is sought and be filed with the circuit clerk at least seven (7) days in advance of any date set for a non-trial proceeding in the case or at least twenty-one (21) days in advance of any trial date set in the case and shall: (1) State the facts and reasons for disqualification, including the specific provision of Canon 2, Rule 2.11 of the Code of Judicial Conduct asserted to be applicable; (2) Be accompanied by a verified certificate of counsel of record or unrepresented party that they have read the motion; that after reasonable inquiry, to the best of their knowledge, information, and belief, it is well grounded in fact and is warranted by either existing law or a good faith argument for the extension, modification, or reversal of existing law; that there is evidence sufficient to support disqualification; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (3) Be submitted by copy directly to the judge, and served upon counsel of record or unrepresented party. (b) Upon the judge's receipt of a copy of such motion, regardless of whether the judge finds good cause and agrees to the disqualification motion or not, the judge shall: (1) proceed no further in the matter; (2) transmit forthwith to the Chief Justice a copy of the motion and certificate, together with a letter stating the judge's response to the motion and the reasons therefor, including such matters and considerations as the judge may deem relevant; and (3) make a copy of the letter part of the record and file same in the office of the circuit clerk with copies to counsel of record and any unrepresented party. (c) Upon receipt of a disqualification or recusal motion pursuant to subdivision (b) of this rule, the Chief Justice shall enter an order within fourteen (14) days providing for the judge to either remain on the case or be removed, in which case the Chief Justice shall appoint another judge to hear the matter. (d) If the information is insufficient to permit the Chief Justice to make a ruling, the Chief Justice may direct that the judge conduct a hearing on matters relating to the disqualification motion and then proceed pursuant to this rule. (e) In the event a disqualification motion is filed with the circuit clerk and written notice thereof is submitted to the judge less than seven (7) days in advance of the date set for a non-trial proceeding, or less than twenty-one (21) days in advance of the date set by order for trial, the judge may either grant or deny the disqualification motion as follows: (1) If the judge grants the motion for disqualification, the judge shall proceed no further in the matter and shall forthwith transmit the motion and reason for the ruling to the Chief Justice in accordance with subdivision (b)(2) of this rule, and the Chief Justice shall consider the matter in accordance with this rule. (2) If the judge denies the motion for disqualification the judge shall allow the moving party to make a record on the disqualification issue and: (a) in a non-trial proceeding when the date set by order for trial is not within 21 days of the filing of the motion for disqualification, the judge may conduct the non-trial proceeding, and shall transmit the disqualification motion, the record, and reason for the ruling on the disqualification issue to the Chief Justice in accordance with subdivision (b)(2) of this rule and the Chief Justice shall consider the matter in accordance with this rule; or (b) if a trial date is set by order within 21 days of the filing of the disqualification motion, the judge is not required to transmit the motion or record on the disqualification issue to the Chief Justice, but the issue may be addressed on appeal. W.Va. Trial. Ct. R. 17.01
Amended effective 9/13/2016.