ENGROSSED
Senate Joint Resolution No. 9
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[Originating in the Committee on Finance;
reported March 1, 2000.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article VIII thereof
relating to the supreme court of appeals; providing for
appointment of justices by and with the advice and consent
of the senate; requiring governor to select justice from a
list of names submitted by the judicial nominating
commission; limiting number of justices from a congressional
district; and requiring voters to review a justice's
performance.
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. JUDICIAL POWER.
§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 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.
The justices shall be appointed by the governor for a term
of eight years. When a vacancy occurs in the office of justice
of the supreme court due to the expiration of a term of office,
death, resignation, removal, retirement or for any other reason,
the governor shall appoint, by and with the advice of the Senate,
a justice to fill the vacancy. The governor shall call the
Senate into session to consider the appointment of a justice of
the supreme court. A justice appointed by the governor may not
be seated until the Senate has consented to the justice's
appointment.
The governor shall appoint a justice from a list of three
nominees presented to him or her by the judicial nominating commission. No more than two justices from any congressional
district may serve on the supreme court at the same time. The
Legislature shall provide for the composition and duties of the
judicial nominating commission by statute and shall set minimum
qualifications for persons nominated to the position of justice
of the supreme court.
The continuance in office of a justice is subject to the
approval or rejection of the registered voters of the state at
the next general election following the expiration of eight years
from the date of the occurrence of the vacancy which he or she
was appointed to fill. The approval or rejection by the
registered voters shall be a vote for the justice's retention in
office for an additional term of eight years or his or her
removal.
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 of the supreme court. 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 or her 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 or her stead.
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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, the proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Supreme Court of Appeals Amendment" and the purpose of the
proposed amendment is summarized as follows: "To provide for the
merit selection of Justices of the Supreme Court of Appeals."