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Introduced Version House Concurrent Resolution 44 History

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HOUSE CONCURRENT RESOLUTION NO.44


(By Mr. Speaker, Mr. Thompson, and Delegates Boggs, Ashley, Caputo, Craig, Ellem, Manchin, Miley, Morgan, Pasdon, D. Poling, Skaff, P. Smith, Stowers, Swartzmiller and White)



Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia.
     Whereas, The United States Constitution and the WV Constitution provide that each citizen is guaranteed a fair hearing in the courts of this nation; and
     Whereas, There has been a review of West Virginia courts by commissions appointed by the executive branch of government; and
     Whereas, As a result of the criticism that West Virginia did not have a fair court process in that West Virginia was a discretionary appeal jurisdiction, the West Virginia Supreme Court in December of 2011 adopted new appellate rules to provide review and a written decision on each appeal filed with that court; and
     Whereas, Critics outside the State of West Virginia continue to alleged that West Virginia courts are not fair and are perceived to be unfair to litigants and harms the business climate in this state; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations in order to make certain that West Virginia's judicial system is fair in its procedures and process for West Virginia citizens and businesses, and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
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