News & Commentary

The American Civil Liberties Union of West Virginia has filed a petition with the Supreme Court of Appeals of West Virginia to secure release or reduced bond for 39 incarcerated West Virginians amid the COVID-19 pandemic.

UPDATE: the West Virginia Supreme Court of Appeals has issued an order extending its stop to all civil actions that do not qualify as emergencies through May 1. Evictions are not emergencies under the Court’s definition. If you have a court date scheduled for an unlawful detainer hearing, call the court to see if it has been canceled and then email us if it has not at [email protected].

ACLU-WV Policy Director Eli Baumwell discusses changes to voting during the COVDI-19 pandemic in an editorial in the Charleston Gazette-Mail

Gov. Jim Justice just announced that the May 12 primary election has been moved to June 9. It’s important to understand how important this election is and how to make your voice heard as safely as possible.

Attacks on trans and nonbinary people continue even amid the outbreak of COVID-19. In Idaho, the governor just signed two bills discriminating against the trans community. In New York, a tent hospital set up to treat COVID-19 patients makes its volunteers adhere to a statement that says there is no such thing as transgender people.This #transdayofvisibility is as important as ever. Trans people are real. Trans people belong in West Virginia and everywhere else. Your struggle is real, we see you, and we won’t stop fighting for your rights.

The government can restrict travel during an emergency, but it must ensure that any prohibitions are no more restrictive than necessary. Public officials must provide adequate notice of the restrictions and provide a hearing process that allows individuals who are impacted by such policies a fair opportunity to explain why they should not be subjected to the policy. And in no case may an executive order override the Fourth Amendment protections from unreasonable search and seizure.

Amid all of the terrible news lately, we are excited to announce a new addition to our staff. Please join us in welcoming Greg Whittington as the first ACLU-WV Criminal Law Reform Campaign Director.

On March 27, the Administrative Office of the WV Supreme Court of Appeals issued a memo advising magistrates and circuit judges to request that prosecutors review all people currently incarcerated in WV jails and identify those detainees who do not create a public safety risk. During the best of times, we should not be locking people up and depriving them of their rights without a trial. In a pandemic, overcrowded jails present a significant risk to of spreading disease. To mitigate this risk, the courts are to consider releasing all such individuals on personal recognizance or reduced bonds.Read the full memorandum below:

With confirmation that COVID-19 is spreading in a nursing home in Morgantown, a colalition including ACLU-WV is again calling on Gov. Jim Justice to take immediate action to reduce the number of people in our jails and prisons.