WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4818
By Delegate Walker
[Introduced February 15, 2022; Referred to the Committee on Government Organization then the Judiciary]
A BILL to amend and reenact §51-1-4a of the Code of West Virginia, 1931, as amended, relating to authorize the Supreme Court of Appeals to promulgate rules defining legal apprenticeships and designing and approving a plan for legal apprentices to work and study as apprentices in a law office with the goal to allow the apprentices to qualify to take the bar exam without attending law school.
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.
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, however, 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) Defining legal apprenticeships and designing and approving a plan for legal apprentices to work and study as apprentices in a law office with the goal to allow the apprentices to qualify to take the bar exam without attending law school.
(e) (f) 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 authorize the Supreme Court of Appeals to promulgate rules defining legal apprenticeships and designing and approving a plan for legal apprentices to work and study as apprentices in a law office with the goal to allow the apprentices to qualify to take the bar exam without attending law school.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.