SENATE JOINT RESOLUTION NO. 7
(By Senator Sprouse)
[Introduced February 15, 2000; referred to the
Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article VIII thereof, relating
to the terms of justices of the supreme court of appeals;
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
two, article VIII thereof, be amended to read as follows:
ARTICLE VIII. THE JUDICIARY.
§2. Supreme court of appeals.
The supreme court of appeals shall consist of five justices. A majority of the justices of the court shall constitute a quorum
for the transaction of business.
The justices shall be elected by the voters of the state for
a term of twelve eight years, unless sooner removed or retired as
authorized in this article. The Legislature may prescribe by law
whether the election of such justices is to be on a partisan or
nonpartisan basis.
Provision shall be made by rules of the supreme court of
appeals for the selection of a member of the court to serve as
chief justice thereof. If the chief justice is temporarily
disqualified or unable to serve, one of the justices of the court
designated in accordance with the rules of the court shall serve
temporarily in his stead.
When any justice is temporarily disqualified or unable to
serve, the chief justice may assign a judge of a circuit court or
of an intermediate appellate court to serve from time to time in
his stead.
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
the "Term of Supreme Court Justices Amendment" and the purpose of
the proposed amendment is summarized as follows: "To amend section
two, article VIII of the state Constitution so as to provide for
eight-year terms for the justices of the supreme court of appeals,
instead of the twelve-year terms now served."
NOTE: The purpose of this resolution is to propose an
amendment to section two, article VIII of the West Virginia
Constitution, relating to the Supreme Court of Appeals, providing
that the terms of office are for eight-year periods instead of
twelve years.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.