WEST virginia Legislature

2021 regular session

Introduced

House Joint Resolution 28

By Delegates Forsht, Bruce, and Mallow

[Introduced March 12, 2021; Referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia, amending article VIII thereof by adding thereto new language within section 8-3, relating to requiring that anyone elected as a justice of the West Virginia Supreme Court of Appeals must have not less than three years of full-time experience as a trial lawyer in West Virginia, a judge of a trial court of record in West Virginia, or a judge of an appellate court of record in West Virginia to which appeals from trial courts of record are taken.

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

That the question of adding experience requirements for an individual to be eligible as a Supreme Court Justice 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 2022, which proposed amendment is that article VIII thereof, be amended by adding thereto new language, to read as follows:

ARTICLE VIII.

§8-3. Supreme court of appeals; jurisdiction and powers; officers and employees; terms.

The supreme court of appeals shall have original jurisdiction of proceedings in habeas corpus, mandamus, prohibition and certiorari.

The court shall have appellate jurisdiction in civil cases at law where the matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars unless such value or amount is increased by the Legislature; in civil cases in equity; in controversies concerning the title or boundaries of land; in proceedings in quo warranto, habeas corpus, mandamus, prohibition and certiorari; and in cases involving personal freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases, where there has been a conviction for a felony or misdemeanor in a circuit court, and such appellate jurisdiction as may be conferred upon it by law where there has been such a conviction in any other court. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the state as well as to the defendant. It shall have such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.

The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the state relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law.

The court shall have general supervisory control over all intermediate appellate courts, circuit courts and magistrate courts. The chief justice shall be the administrative head of all the courts. He may assign a judge from one intermediate appellate court to another, from one circuit court to another, or from one magistrate court to another, for temporary service. The court shall appoint an administrative director to serve at its pleasure at a salary to be fixed by the court. The administrative director shall, under the direction of the chief justice, prepare and submit a budget for the court.

The officers and employees of the supreme court of appeals, including the clerk and the law librarian, shall be appointed and may be removed by the court. Their duties and compensation shall be prescribed by the court.

The number, times and places of the terms of the supreme court of appeals shall be prescribed by law. There shall be at least two terms of the court held annually.

Anyone elected as a justice of the West Virginia Supreme Court of Appeals must have not less than three years of full-time experience as a trial lawyer in West Virginia, a judge of a trial court of record in West Virginia, or a judge of an appellate court of record in West Virginia to which appeals from trial courts of record are taken.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, the proposed amendment is hereby numbered “Amendment No. 1" and designated as the “Experience Requirement Amendment” and the purpose of the proposed amendment is summarized as follows: “Anyone elected as a justice of the West Virginia Supreme Court of Appeals must have not less than three full years of full-time experience as a judge of a trial court of record or of an appellate court of record to which appeals from trial courts of record are taken."

NOTE: The purpose of this resolution is to propose an amendment to the State Constitution that would require anyone elected as a justice of the West Virginia Supreme Court of Appeals must have not less than three years of full-time experience as a trial lawyer in West Virginia, a judge of a trial court of record in West Virginia, or of an appellate court of record in West Virginia to which appeals from trial courts of record are taken.

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