Creating Judicial Deference Reform Act
SB 888, the Judicial Deference Reform Act, prohibits West Virginia state courts and administrative hearing officers from deferring to state agency interpretations of statutes, regulations, or informal guidance documents (like agency memos). Instead, courts must independently review these materials using standard legal analysis ("de novo") and resolve any remaining ambiguities by limiting agency power and prioritizing individual liberty. The law applies to all state court cases and administrative proceedings starting July 1, 2026, but does not affect federal law or cases involving federal agencies. It directly affects how state courts interpret and apply West Virginia laws and agency guidance.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House of Delegates Passage
Governor
Introduced Feb 9, 2026
Last action Feb 26, 2026
Floor votes · Senate Feb 24, 2026
How they voted
20–10
Passed · 3 other
Total votes 33
Feb 24, 2026
D
Democratic2
50% Nay
R
Republican31
64% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
18
Key actions
2
Committee
4
Amendments
1
Feb 26, 2026
Committee
To House Judiciary
lower
Feb 26, 2026
Committee
To Judiciary
lower
Feb 26, 2026
Introduced
Introduced in House
lower
Feb 24, 2026
Upper · Passed
Passed Senate (Roll No. 220)
upper
Feb 24, 2026
Amended
Floor amendment rejected (Voice vote)
upper
Feb 20, 2026
Upper · Passed
Reported do pass
upper
Feb 9, 2026
Introduced
Introduced in Senate
upper
Feb 9, 2026
Committee
To Judiciary
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chris Rose
RRepublican
Co
Eric Tarr
RRepublican
Co
Laura Chapman
RRepublican
Co
Patricia Rucker
RRepublican
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