Rule 1B - Disqualification(a)Form of motion. A party or attorney for a party to any magistrate court proceeding except an initial appearance may file a written motion for disqualification of a magistrate. The motion shall be in the form of an affidavit, and shall state that it is made in good faith and shall include specific facts and reasons supporting disqualification.(b)Time for filing motion. Unless good cause is shown, the following time limits apply to motions to disqualify. A motion for disqualification shall be filed no later than 10 days before the first scheduled trial date except for cases in which a final hearing is to be held within 10 days of filing. In a case involving such an expedited proceeding, a motion for disqualification shall be filed before the hearing begins.(c)Duties in response to disqualification motion.(1)All proceedings. Upon the filing of a disqualification motion, the magistrate shall immediately forward to the supervising circuit judge a copy of the motion and any relevant evidence, along with a written statement as to why the magistrate believes there is or is not good cause for disqualification. The supervising circuit judge, applying the pertinent provision(s) of the Code of Judicial Conduct, shall grant or deny the disqualification motion. The filing of a disqualification motion shall not be, in and of itself, a ground for disqualification. Until the issue of disqualification is decided, the magistrate shall proceed no further in the case and as necessary shall, with notice to the parties, continue any earlier scheduled proceeding in the case.(2)Time limit for ruling. When a motion to disqualify is filed in a case involving non-expedited proceedings, the supervising circuit judge shall by order rule on the motion within 5 days of receiving the materials from the magistrate. When a motion to disqualify is filed in a case involving expedited proceedings, the supervising circuit judge shall by order rule on the motion within 3 days of receiving the materials from the magistrate. (3) The supervising circuit judge may, by administrative order, establish supplemental procedures consistent with this Rule for the purpose of preventing the undue delay of expedited proceedings that could otherwise result from disqualification or recusal request.(d)Voluntary recusal. A magistrate wishing to recuse himself or herself voluntarily from any case or proceeding other than an initial appearance shall submit a written request to the supervising circuit judge along with a statement of reasons why the magistrate believes recusal is required. The supervising circuit judge shall review and rule on any request by a magistrate for voluntary recusal within the same time limits and in the same manner as for a disqualification motion filed by a party. Neither the magistrate seeking voluntary recusal nor the magistrate court clerk shall take any action toward reassignment of a case until the supervising circuit judge has, by order, ruled on the request.(e)Case and assignment.(1) When a magistrate is disqualified or recused, the magistrate shall immediately transfer all matters relating to the case to the magistrate court clerk, who shall forthwith assign the case to another magistrate within the county pursuant to Rule 2 of these rules or, if no other magistrate is available, shall forthwith notify the supervising circuit judge of the need for the assignment of a magistrate from another county to hear the case. If all magistrates in the county where the case is pending are r ecused or disqualified, and if this county is located within a multi - county circuit, the supervising chief judge shall assign a magistrate from another county within the circuit pursuant to West Virginia Code § 50-1-13(b). If no magistrate is available or t he circuit is a single - county circuit, the supervising chief judge must submit a letter to the Chief Justice stating the reasons for the magistrates' recusals and request that a new magistrate from another circuit be assigned. The Chief Justice shall, with in 5 days, either deny the request if the reasons for disqualification or recusal are insufficient and direct that one of the magistrates in that county preside over the case, or, if the reasons are sufficient, the Chief Justice shall assign a new magistra te from another circuit.(2) The magistrate to whom the case is reassigned shall, within 5 days of receiving the case, set a new return date and notify all parties thereof.(3) The magistrate court clerk shall assign to a recused magistrate another case to replace the case transferred as the result of a recusal.(f)Challenge to disqualification rulings. All rulings relating to disqualification or recusal of a magistrate shall be interlocutory in nature and are not subject to direct or immediate appeal. The sole remedy shall be appeal of the final magistrate court judgment in the case.W.va. R. Admin. Magist. Ct. 1B
Adopted by order entered January 30, 1997, effective 3/1/1997; amended November 14 , 2017, effective 12/29/2017.