WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 2805
By Delegates Stephens, T. Clark, Pritt, Moore, Dittman, Hornby, Mallow, Barnhart, Sheedy, Willis, and Maynor
[Introduced February 21, 2025; referred to the Committee on the Judiciary]
A BILL to amend and reenact ยง50-5-11 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for contempt of court in magistrate court.
Be it enacted by the Legislature of West Virginia:
## Article 5. trials, hearings and appeals.
A magistrate may punish for contempt of court a person guilty of any of the following acts:
(a) Contemptuous or insolent behavior toward such magistrate while engaged in the trial of a case or in any other judicial proceeding;
(b) Any breach of the peace, willful disturbance, or indecent conduct in the presence of such magistrate while so engaged, or so near as to obstruct or interrupt the proceedings;
(c) Violence or threats of violence to such magistrate, or any officer, juror, witness, or party going to, attending, or returning from, any judicial proceeding before the court with respect to anything done or to be done in the course of such proceeding;
(d) Flagrant misbehavior of any officer of the county acting in his or her official capacity with respect to any action or judicial proceeding had or pending before the court, or any process, judgment, order or notice therein; or
(e) Willful resistance by an officer of the court, juror, witness, party or other person to any lawful process or order of the court.
A magistrate may, if necessary, issue a warrant of arrest for such person, who shall be given an opportunity to be heard. In the event such person is adjudged guilty of contempt, the person may be fined not more than $50 $100 and ordered to complete community service for the first offense. For a second offense pertaining to the same matter the person may be fined not more than $100 $250 and ordered to complete community service. For the third or any subsequent offense pertaining to the same matter the person may be fined not more than $100 $500, or imprisoned in the county jail not more than ten 20 days, or both fined and imprisoned.
An appeal to the circuit court of such conviction shall lie as in criminal cases.
NOTE: The purpose of this bill is to increase the penalties for contempt of court in magistrate court.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.