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Introduced Version Senate Bill 402 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 402

(By Senators Kessler, Chafin, Sypolt and Foster)

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[Introduced January 29, 2010; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §51-1-1 of the Code of West Virginia, 1931, as amended, relating to the Supreme Court of Appeals; and providing for election of Supreme Court Justices by divisions.

Be it enacted by the Legislature of West Virginia:
That §51-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-1. Justices.
The Supreme Court of Appeals shall consist of five justices, elected and qualified according to the Constitution and the laws of this state, any three of whom shall constitute a quorum. On and after January 1, 2012, the justices of the Supreme Court of Appeals shall be elected by divisions as follows: (1) The unexpired term to be filled in 2010 is division one; (2) the second open seat to be filled in 2012 is division two; (3) the open seat to be filled in 2016 is division three; and (4) of the two seats to be filled in 2020 one will be division four and one will be division five. The chief justice shall draw lots to determine which seat will be in division four and which will be in division five.


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(NOTE: The purpose of this bill is to provide that
Supreme Court Justices be elected by divisions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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