HOUSE CONCURRENT RESOLUTION NO. 39
(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Martin,
Varner, Pino, Douglas, Michael, Mezzatesta, Givens,
Manuel, Trump, Faircloth and Miller)
Requesting the joint committee on government and finance to study
the needs of the court facilities throughout West Virginia
in relation to spatial needs to accommodate the various
judicial offices and functions, to compliance with the
Americans with Disabilities Act (ADA), to security needs and
to other aspects which affect the overall effectiveness and
operations of the judicial system.
Whereas, Within the past year the Commission on the Future of
the West Virginia Judiciary has made several recommendations
relating to the judicial system as a whole; and
Whereas, Among the recommendations made by the Commission
were several recommendation relating directly to existing court
facilities; and
Whereas, The Commission has found that there is need of
additional circuit judges, family law judges, and other personnel
ancillary to the addition of these judges; and
Whereas, The Commission has recommended that video
conferencing and other technological advances should be
implemented in the court system beginning in the year 2000; and
Whereas, There is a critical need to assess the capacity of
existing court facilities to accommodate the addition of
personnel and technological changes; and
Whereas, The West Virginia Association of Counties has
provided input to the Commission expressing concern for county
facilities relating to historic preservation, ADA compliance,
telephone and other technological systems, fire safety and other
issues of security, the use of former jail space and other
issues; and
Whereas, The Legislature recognizes the need for upgrades to
the existing court facilities; therefore be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to appoint a study committee which shall consist of the
following representation to be appointed by the Speaker of the
House of Delegates and the President of the Senate; three members
of the House of Delegates, three members of the Senate, two
members of county commissions, two county clerks, two circuit
clerks, two county assessors, two county sheriffs and two members
of the public at large; and the following members appointed by the Speaker of the House of Delegates and the President of the
Senate upon nomination by the Supreme Court; two magistrate
judges, two circuit judges, two family lawmasters or such
officials as may replace the office of lawmaster and two county
prosecuting attorneys; and shall include the Treasurer of West
Virginia or his/her representative; and, be it
Further Resolved, That the study committee shall be directed
to review, examine and study the needs of the existing court
facilities relating to the following areas of concern; compliance
with the Americans with Disabilities Act, appropriateness and
location of facilities, renovation and historic preservation of
courthouses, preparation for new technology, additional space
requirements brought about by any judicial reforms such as
addition of new circuit judges or addition of new family law
courts, upgrade of telephone systems, space for 911 emergency
centers, the use of former jail space and any other issue
relating to the use of court facilities; and, be it
Further Resolved, That the committee shall be directed to
study the financial impact of any proposed changes to the
existing court facilities, including recommendations from
architectural and engineering services, and shall prepare a
report on the individual needs and financial requirements to
address such needs for each individual county; and, be it
Further Resolved, That the committee is directed to report
to the joint committee on government and finance by January 1,
2000, on its findings, conclusions and recommendations, and to
submit a plan designed to establish the sufficient funding
mechanisms to enable all necessary upgrades of court facilities
to be undertaken, and to submit any drafts of any legislation
necessary to effectuate any recommendations it shall make.