House Joint Resolution No. 23
(By Delegates Linch, Manuel and Stalnaker)
[Introduced February 21, 1995; referred to the
Committee on Constitutinal Revision.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section eleven, article eight thereof,
relating to municipal courts, providing six member juries;
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 all
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 one thousand nine hundred ninety-six, which proposed
amendment is that section eleven, article eight thereof be
amended to read as follows:
ARTICLE VIII.
§8-11. Municipal courts.
The Legislature may provide for the establishment in incorporated
cities, towns or villages of municipal, police or mayors' courts,
and may also provide the manner of selection of the judges of
such courts. Such The courts shall have jurisdiction to enforce
municipal ordinances, with the right of appeal as prescribed bylaw. Until otherwise provided by law, all such courts heretofore
previously established shall remain and continue as now
constituted, and with the same right of appeal, insofar as their
jurisdiction to enforce municipal ordinances is concerned; but on
and after January one, one thousand nine hundred seventy-seven,
any other jurisdiction now exercised by such courts shall cease.
In a trial by jury in a municipal, police or mayor's court, the
jury shall contain six jurors who are qualified as prescribed by
law. No judge of a municipal, police or mayor's court or any
officer thereof shall be compensated for his or her services on
a fee basis or receive to his or her own use for his or her
services any pecuniary compensation, reward or benefit other than
the salary prescribed therefor.
Further resolved, That in accordance with the provision of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Municipal Jury Reform Amendment" and the purpose of the
proposed amendment is summarized as follows: "To reduce the
number of jurors required in municipal trials from twelve to
six.
"
NOTE: The purpose of this resolution is to reduce, from
twelve to six, the number of jurors required in jury trials in
municipal, police or mayors' courts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.