A West Virginia judge has voluntarily stepped down from a newly filed lawsuit challenging the state’s school vaccine mandate, citing the need to avoid any appearance of bias.
Judge Todd Kirby, of the 14th Judicial Circuit, issued a recusal order on Wednesday, just one day after the lawsuit was filed by Miranda Guzman, a Raleigh County parent, with the backing of Governor Patrick Morrisey.
The suit seeks to block the West Virginia Board of Education’s directive requiring schools to enforce existing state immunization laws.
In his statement, Judge Kirby emphasized the importance of impartiality.
“Avoiding even the appearance of a conflict of interest or impropriety is essential to the maintenance of the independence, integrity, and impartiality of the judiciary,” Kirby wrote.
He directed the Circuit Clerk to randomly assign the case to another judge within the circuit.
The lawsuit takes aim at a June 11 unanimous vote by the state Board of Education, which directed State Superintendent Michele Blatt to ensure that all county school systems follow the state law requiring immunizations for school-aged children.
The law mandates vaccinations for diseases including measles, mumps, rubella, polio, tetanus, diphtheria, hepatitis B, and chickenpox, unless a medical exemption is provided.
Guzman’s legal filing asks the court to issue both a preliminary and permanent injunction to block enforcement of the Board’s decision, naming the State Board of Education, Superintendent Blatt, and the Raleigh County Board of Education as defendants.
The lawsuit has gained attention not only for its subject matter but also because of its public support from Gov. Morrisey, who has positioned himself as a critic of vaccine mandates.
The case could have far-reaching implications for public health policy and parental rights in West Virginia, one of the strictest states in the nation when it comes to school immunization laws.
With Judge Kirby stepping aside, the case will now be reassigned to another judge for consideration.
