Rule 6.10 Period of Limitation for Filing Information

There's a time limit for filing a complaint about a judge who may have a physical or mental impairment that affects their ability to do the job. The complaint must be filed within two years from when the person making the complaint first knew about the impairment, or reasonably should have known about it.

If someone waits longer than two years to file, the complaint normally will not be accepted. However, there is an exception. If the West Virginia Judges and Lawyers Assistance Program (WVJLAP) determines that the judge still has an impairment or incapacity at the time the complaint is filed, the complaint can still move forward even though the two-year deadline has passed.

In short, this rule pushes people to report concerns about a judge's health or fitness to serve fairly quickly. But it also makes sure that a judge who is currently unable to do their job properly cannot escape review just because too much time has gone by since the problem was first noticed.