H. B. 2751


(By Delegate Browning (By Request))

[Introduced February 24, 1995; referred to the

Committee on Government Organization.]





A BILL to amend and reenact section four, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the membership of the court of claims.

Be it enacted by the Legislature of West Virginia:
That section four, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-4. Creation of court of claims; appointment and terms of judges; vacancies.

The "court of claims" is hereby created. It shall consist of three judges, to be appointed by the president of the Senate and the speaker of the House of Delegates, by and with the advice and consent of the Senate, one of whom shall be appointed presiding judge. Each appointment to the court shall be made from a list of three qualified nominees furnished by the board of governors of the West Virginia State Bar.
The terms of the judges of this court shall be six years, except that the first members of the court shall be appointed as follows: One judge for two years, one judge for four years and one judge for six years. As these appointments expire, all appointments shall be for six year terms. Not more than two of the judges shall be of the same political party. An appointment to fill a vacancy shall be for the unexpired term: Provided, That the next appointment made to this court shall be a person from the southern geographical part of West Virginia.




NOTE: The purpose of this bill is to make the next person appointed to the Court of Claims be from the southern part of the state.

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