Senate Bill No. 402
(By Senators Kessler, Chafin, Sypolt and Foster)
____________
[Introduced January 29, 2010; referred to the Committee on the
Judiciary.]
____________
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.
_________
(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.)