SENATE CONCURRENT RESOLUTION NO. 69
(By Senators Kessler, Oliverio, Chafin, Foster, Green,
Hunter, Jenkins, Minard, Stollings, Wells, White, Barnes, Caruth,
Deem, Hall, McKenzie and Yoder)
[Originating in the Committee on the Judiciary]
Requesting the Joint Committee on Government and Finance study
judicial selection methods and public financing of judicial
elections.
Whereas, Judges in West Virginia are selected by partisan
political elections; and
Whereas, In recent years, significant sums have been spent by
sources located both within and without West Virginia to influence
the elections of judges; and
Whereas, The influx of campaign money in judicial races
damages the concept of an independent judiciary and gives rise to
the perception that justice is for sale, undermining public
confidence not only in the judiciary, but also in all of state
government; and
Whereas, It is imperative that the public perception of the
integrity of judicial decisions and of the judiciary in general be
restored; and
Whereas, Other states provide for the selection of judges by various methods, including partisan election of judges, non-
partisan election of judges, appointment by the Executive,
appointment by the Executive with the approval of the Legislature
appointment by a judicial selection panel; and
Whereas, At least one state has enacted provisions for public
funding of judicial elections and other states are considering
similar measures; and
Whereas, Each method of judicial selection has its advantages
and disadvantages; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study judicial selection methods and public financing
of judicial elections; 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.
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