HOUSE CONCURRENT RESOLUTION 20

(By Mr. Speaker, Mr. Thompson)




Requesting the Joint Committee on Government and Finance to study the establishment of a court of chancery within the unified judicial system in the State of West Virginia.

Whereas, Courts of chancery or "business courts" have been established by states throughout the country to preside over and adjudicate matters of commercial law and complex litigation between businesses; and
Whereas, Courts of chancery are presided over by a judge with extensive knowledge in commercial law, complex litigation and other areas of law affecting businesses and corporations; and
Whereas, Courts of chancery promote and utilize alternative dispute resolution to bring about successful resolution of cases without the parties becoming embroiled in a protracted litigation process; and
 Whereas, Courts of chancery relieve the dockets of circuit courts by removing cases involving commercial law and complex business litigation and assigning them to a court of chancery; and
 Whereas, Courts of chancery have allowed for complex cases to be resolved faster and with less expense than cases tried in courts of general jurisdiction; and
Whereas, Courts of chancery are a valuable tools for assisting
businesses get fair, consistent, and timely dispute resolution; and
Whereas, Courts of chancery allow the judges to utilize technology, such as electronic filing and internet technology to support case management; and
Whereas, Several states have established by legislation, by rule, or by means of a pilot program a form of chancery court; and
Whereas, Many states are either working to establish or are studying the feasability of establishing a court of chancery, and it is worthy of consideration by this Legislature as to whether implementation of a Court of chancery would improve our court system and business climate; therefore, be it
 Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the establishment of a chancery court in the state of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions, recommendations, together with any drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report, to draft necessary legislation, by paid from the legislative appropriations to the Joint Committee on Government and Finance.