SB275 HFA #1 Steele 3-4

Casto  3264

Delegate Steele moved to amend the amendment on page forty-seven, after section fourteen, by inserting a new section, designated section fifteen, to read as follows:

“ §51‑11‑15. Attorney General as counsel for state.

The Attorney General shall appear as counsel for the state in all cases pending in the Intermediate Court of Appeals, subject to the same requirements and restrictions provided in §5‑3‑2 of this code that apply to the Attorney General’s representation of the state in cases pending in the Supreme Court of Appeals.”;

And,

On pages forty-seven and forty-eight, lines one through thirteen, by striking out all of section one, and inserting in lieu thereof a new section one, to read as follows:

CHAPTER 58. APPEAL AND ERROR.

ARTICLE 5. APPELLATE RELIEF IN THE INTERMEDIATE COURT OF APPEALS AND THE SUPREME COURT OF APPEALS.

§58-50-1. When appeal lies.

(a) A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties: Provided, That an appeal of a final order or judgment of a circuit court entered after Dec. 31, 2022, shall be to the Intermediate Court of Appeals, as required by §51‑11‑1, et seq. of this code.

(b) The defendant in a criminal action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court in which there has been a conviction, or which affirms a conviction obtained in an inferior court: Provided, That an appeal of a final order or judgment of a circuit court entered after Dec. 31, 2022, shall be to the Intermediate Court of Appeals, as required by §51‑11‑1, et seq. of this code.

(c) As provided in §51‑11‑13 of this code, a party in interest may petition the Supreme Court of Appeals for appeal of a final order or judgment of the Intermediate Court of Appeals in accordance with rules promulgated by the Supreme Court of Appeals. “

Adopted

Rejected