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:
§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.