HOUSE JOINT RESOLUTION NO. 21

(By Delegate Staton)
[Introduced February 9, 1999; referred to the Committee on Constitutional Revision then the Judiciary.]


Proposing an amendment to the Constitution of the State of West Virginia, amending section eleven, article eight thereof, relating to allowing municipal courts to use six person rather than twelve person juries for municipal court trials; 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 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 two thousand, which proposed amendment is that section eleven, article eight thereof, be amended to read as follows:
ARTICLE VIII. JUDICIAL POWER.
§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 courts shall have jurisdiction to enforce municipal ordinances, with the right of appeal as prescribed by law. Until otherwise provided by law, all such courts heretofore 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. 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.
In a trial by jury in a municipal court, the jury shall consist of six jurors who are qualified as prescribed by law.
Resolved further, That in accordance with the provisions 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
"Amendment Allowing Six Person Jury in Municipal Court Criminal Trials," and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to permit municipal courts to hold criminal jury trials using six person juries rather than twelve person juries. This changes the existing rule set forth in article eight, section eleven of the West Virginia Constitution which requires a twelve person jury for all criminal trials unless otherwise prescribed. This amendment is consistent with section ten, article eight which allows six member juries for trials in magistrate courts.



NOTE: The purpose of this resolution is to propose the voters a constitutional amendment that would allow municipal courts to use six member juries for criminal trials. This changes the existing rule set forth in article three, section fourteen of the West Virginia Constitution which requires a twelve person jury for all criminal trials unless otherwise prescribed. This amendment is consistent with section ten, article eight which allows six member juries for trials in magistrate courts.

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