W. Va. Code » §50-4-7. Disqualification of magistrate.
West Virginia Code

W. Va. Code § 50-4-7 (2026)

Disqualification of magistrate

✓ current as of May 2026
Find cases: SyfertCases citing this section WV-LEGwvlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
ARTICLE 4. PROCEDURE BEFORE TRIAL.

§50-4-7. Disqualification of magistrate.

A motion for the disqualification of a magistrate in a magistrate court proceeding shall be filed in accordance with the requirements of the rules of the Supreme Court of Appeals.

Notes of Decisions
Cited in 5 cases, 1982–2018 · leading case: State ex rel. Gains v. Bradley, 484 S.E.2d 921 (W. Va. 1997).
Sort: Relevance Newest Treatment
State ex rel. Gains v. Bradley, 484 S.E.2d 921 (W. Va. 1997). · cites it 44× “In this action, the relator seeks to prohibit the respondent from presiding at his domestic abuse and parole revocation hearings pursuant to W.Va.Code § 50-4-7 (1992), and to mandate that the respondent transfer these matters to another magistrate.”
Carey v. Dostert, 406 S.E.2d 678 (W. Va. 1991). · cites it 4× “In Crouser, this Court was asked to determine the scope of judicial immunity in light of W.Va.Code §§ 50-4-7 (1978) and 53-1-8 (1933).”
SER Margaret L. Workman v. Mitch Carmichael, as President of the Senate, 819 S.E.2d 251 (W. Va. 2018). · cites it 2× “2d 921 (1997) ("Rule 1B of the Administrative Rules for Magistrate Courts supersedes W.Va. Code § 50-4-7 (1992), and prospectively *280 provides there is no automatic mandatory right of a party to have a magistrate disqualified.”
Matter of McGraw, 359 S.E.2d 853 (W. Va. 1987). · cites it 3× “W.Va.Code § 50-4-7;, see also Manning v. Inge, 169 W.”
Manning v. Inge, 288 S.E.2d 178 (W. Va. 1982). “WHETHER THE STATE OF WEST VIRGINIA IS ENTITLED TO FILE AN AFFIDAVIT UNDER § 50-4-7 OF THE CODE OF WEST VIRGINIA AS AMENDED, FOR REMOVAL OF A CASE FOR BIAS OR PREJUDICE OF A MAGISTRATE? We answer this question in the affirmative.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.