WEST virginia legislature

2019 regular session

Introduced

Senate Joint Resolution 8

By Senators Rucker, Azinger, Cline, Boso, and Tarr

[Introduced January 14, 2019; Referred
to the Committee on the Judiciary; and then to the Committee on Finance]

Proposing an amendment to the Constitution of the State of West Virginia, amending section seven, article VIII thereof, relating to requiring the Senate to confirm by a majority vote the appointment of any justice to the Supreme Court of West Virginia; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2020, which proposed amendment is that section seven, article VIII thereof, be amended to read as follows:

ARTICLE VIII. Judicial Power.

§7. General provisions relating to justices, judges, and magistrates.

If from any cause a vacancy shall occur in the office of a justice of the Supreme Court of Appeals and cause the Governor to fill such vacancy by appointment, such appointment shall require the confirmation by a majority vote of the members of the Senate. In case of a vacancy, during the recess of the Senate, the Governor shall by appointment fill such vacancy, until the next meeting of the Senate. If an appointee fails to obtain a majority vote of the members of the Senate, the appointee may not take the office of a justice of the Supreme Court of Appeals and the Governor shall appoint another candidate.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Judicial Confirmation Amendment” and the purpose of the proposed amendment is summarized as follows:  “This amendment shall require the confirmation by a majority of the members of the Senate whenever an appointment to an office of a justice of the Supreme Court of Appeals is required to fill a vacancy.”

NOTE: The purpose of this resolution is to require the Senate to confirm by a majority vote the appointment of any justice to the Supreme Court of West Virginia.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.