Bias and Prejudice

West Virginia Trial Court Rules

Rule: 4.06.

Jurisdiction: WV

Bluebook Citation: W.Va. Tr. Ct. R. 4.06.

The West Virginia Supreme Court of Appeals aspires to achieve absolute fairness in the determination of cases and matters before all the courts of this State and expects the highest standards of professionalism, human decency, and considerate behavior toward others from its judicial officers, lawyers, and court personnel, as well as from all witnesses, litigants, and other persons who come before the courts. As to matters in issue before any court, conduct and statements toward one another must be without bias with regard to such factors as gender, race, ethnicity, religion, handicap, age, and sexual orientation when such conduct or statements bear no reasonable relationship to a good faith effort to argue or present a position on the merits. Judicial officers must ensure that appropriate action is taken to preserve a neutral and fair forum for all persons. Nothing in this rule, however, is intended to infringe unnecessarily or improperly upon the otherwise legitimate rights, including the right of freedom of speech, of any person, nor to impede or interfere with the aggressive advocacy of causes and positions by lawyers and litigants.

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