HB 5366: Relating to rules governing the practice of law - West Virginia

hb5366 hfa akers 3-2 _1 adopted.htm → hb5366 hfat akers 3-3 adopted.htm · 3 edits

MINOR

The amendment changes the method for modifying HB 5366 from a specific line-by-line edit to a complete replacement of the bill's title. This shift moves the focus from amending a single subsection to redefining the bill's overall purpose and scope in the title itself.

Scope change

The scope of the amendment process changed from a targeted edit of subsection (d) to a comprehensive revision of the bill's title.

TECHNICAL

The amendment strategy was altered to replace the specific instruction to edit page 2, section 4a, line 30 with a new instruction to strike the entire title and substitute a new one.

REQUIREMENT

The specific requirement to amend subsection (d) of the bill was removed from the amendment text.

SCOPE

A new, detailed title was added that explicitly states the bill's purpose is to exempt Judicial and Lawyer Assistance Program records from public disclosure under the Freedom of Information Act.

hb5366 s jud amt _1 3-9 adopted.htm → hb5366 hfa akers 3-2 _1 adopted.htm · 2 edits

MINOR

The bill's title was updated to reflect the new sponsor and committee details. The most significant change is the addition of a specific legal requirement that records for the West Virginia Judicial and Lawyer Assistance Program are exempt from public disclosure only if the Supreme Court of Appeals' rules explicitly designate them as confidential.

Scope change

The scope of the exemption was narrowed by adding a condition that the exemption applies only to the extent that the relevant rules designate the records as confidential.

REQUIREMENT

The exemption from public records laws now includes a condition that the records must be designated as confidential by the Supreme Court of Appeals' rules.

TECHNICAL

The bill title and sponsor information were updated to reflect the new version of the document.

hb5366 s jud am _1 3-9 adopted.htm → hb5366 s jud amt _1 3-9 adopted.htm · 3 edits

MINOR

The bill's title was completely rewritten to focus exclusively on exempting specific legal records from public disclosure under the Freedom of Information Act. The original text, which established a new State Bar and defined attorney fees, was entirely removed. This change narrows the bill's scope from creating a new regulatory body to a single administrative exemption.

Scope change

The bill's scope was significantly narrowed from establishing a new State Bar and setting attorney fees to solely exempting specific judicial records from public disclosure.

SCOPE

Provisions creating the West Virginia State Bar, defining the practice of law, and setting attorney fees were deleted.

A new title was added that specifically addresses the exemption of certain legal program records from public disclosure.

ENFORCEMENT

The mechanism for enforcing the bill changed from creating a new agency to clarifying existing exemptions under the Freedom of Information Act.

Enrolled Version → hb5366 s jud am _1 3-9 adopted.htm · 4 edits

MODERATE

The Judiciary Committee rejected the enrolled version of HB 5366 and proposed an amendment that fundamentally alters the bill. The amendment adds strict limits on the West Virginia State Bar's annual fees (capped at $5 without a vote for more) and requires a 60-day public comment period before the Bar can operate. It also restructures the statute's text and adds a provision to continue the existing State Bar while enforcing these new rules.

Scope change

The bill's scope shifted from a straightforward privacy exemption for lawyer assistance records to a comprehensive overhaul of the West Virginia State Bar's creation, funding, and operational requirements.

REQUIREMENT

Added a mandatory 60-day public comment period for attorney suggestions before the State Bar can become operative.

FISCAL

Capped the annual fee for attorneys at $5 unless a majority of attorneys vote to pay more.

DEFINITION

Restructured the statute's text, changing references from 'continued' to 'created' and renumbering subsections.

ENFORCEMENT

Added a provision allowing the State Bar to continue existing operations while the new rules are implemented.

Engrossed Version → Enrolled Version · 3 edits · Apr 1, 2026

MINOR

The bill was transitioned from an 'Engrossed' draft to the final 'Enrolled' version, which includes the official signatures of the legislative clerks, the Speaker, the President of the Senate, and the Governor. The substantive legal text of the bill remains unchanged; it continues to establish that records related to the West Virginia Judicial and Lawyer Assistance Program are confidential and exempt from public disclosure requests.

Scope change

No change in the scope or applicability of the bill; the content is identical to the previous version.

TECHNICAL

Added official certification signatures from the Clerks of the House and Senate, as well as the Speaker, Senate President, and Governor, indicating the bill has passed all stages and is ready for execution.

Updated the bill status metadata from 'Introduced February 09, 2026' to 'Passed March 14, 2026' and changed the status from 'Engrossed' to 'Enrolled'.

Removed the placeholder text 'Eng HB 5368' which was present in the draft version but is no longer needed in the final enrolled document.

Introduced Version → Engrossed Version · 3 edits · Mar 14, 2026

MINOR

The bill was reformatted from an introduced draft to an engrossed version, which means it has passed both legislative chambers and is ready for final approval. The substantive policy content remains largely the same, but the engrossed version consolidates the text into a single continuous block and adds a new subsection (d) clarifying that records related to the West Virginia Judicial and Lawyer Assistance Program are confidential and exempt from public records requests.

Scope change

The scope of confidentiality was explicitly expanded in the engrossed version to specifically include records related to the Judicial and Lawyer Assistance Program, whereas the introduced version had a general clause about confidential records.

REQUIREMENT

Added specific language in subsection (d) to clarify that records related to the West Virginia Judicial and Lawyer Assistance Program are exempt from public records requests if designated confidential by court rules.

TECHNICAL

Changed the document structure from a line-by-line diff format with context markers to a clean, continuous text format typical of final legislative versions.

Removed the introductory 'NOTE' explaining the bill's purpose, as this information is now contained within the bill text itself.

Relating to rules governing the practice of law

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