SENATE CONCURRENT RESOLUTION NO. 24
(By Senators Yoder, Chafin, Bailey and Barnes)
Requesting the Joint Committee on Government and Finance study the
feasibility, effectiveness and desirability of changing the
venue of civil actions when the state is a defendant.
Whereas, Article two, chapter fourteen of the Code of West
Virginia provides that any suit against an officer of the state or
against the state shall be brought and prosecuted only in the
circuit court of Kanawha County; and
Whereas, As a result, judges in the Kanawha County circuit
have higher caseloads and are overworked while judges in some of
the other circuits may be underutilized; and
Whereas, It is reasonable to consider a fairer distribution of
cases throughout the state to eliminate the need for additional
circuit court judges; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility, effectiveness and desirability
of changing the venue of civil actions when the state is a
defendant; 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 and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.