HOUSE CONCURRENT RESOLUTION 20
(By Mr. Speaker, Mr. Thompson)
Requesting the Joint Committee on Government and Finance to study
the establishment of a court of chancery within the unified
judicial system in the State of West Virginia.
Whereas, Courts of chancery or "business courts" have been
established by states throughout the country to preside over and
adjudicate matters of commercial law and complex litigation between
businesses; and
Whereas, Courts of chancery are presided over by a judge with
extensive knowledge in commercial law, complex litigation and other
areas of law affecting businesses and corporations; and
Whereas, Courts of chancery promote and utilize alternative
dispute resolution to bring about successful resolution of cases
without the parties becoming embroiled in a protracted litigation
process; and
Whereas, Courts of chancery relieve the dockets of circuit
courts by removing cases involving commercial law and complex
business litigation and assigning them to a court of chancery; and
Whereas, Courts of chancery have allowed for complex cases to
be resolved faster and with less expense than cases tried in courts
of general jurisdiction; and
Whereas, Courts of chancery are a valuable tools for assisting
businesses get fair, consistent, and timely dispute resolution;
and
Whereas, Courts of chancery allow the judges to utilize
technology, such as electronic filing and internet technology to
support case management; and
Whereas, Several states have established by legislation, by
rule, or by means of a pilot program a form of chancery court; and
Whereas, Many states are either working to establish or are
studying the feasability of establishing a court of chancery, and
it is worthy
of consideration by this Legislature as to whether
implementation of a Court of chancery would improve our court
system and business climate; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the establishment of a chancery court in the
state of West Virginia; 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, recommendations, together with any
drafts of any legislation necessary to effectuate its
recommendation; and, be it
Further Resolved, That the expense necessary to conduct this
study, to prepare a report, to draft necessary legislation, by paid
from the legislative appropriations to the Joint Committee on
Government and Finance.