HOUSE CONCURRENT RESOLUTION 48

(By Delegates Forsht and Espinosa)

[Introduced March 15, 2021]

Requesting the Joint Committee on Government and Finance study the judicial workload of courts and judges in the State of West Virginia.

Whereas, The courts in the State of West Virginia are overworked in some circuits, causing a backlog of cases around the state; and

Whereas, The workload of circuits and judges in this state were studied in 2013 using a workload assessment methodology to determine judge resource needs, which has been adopted by numerous states; and

Whereas, This methodology “weights” cases based upon complexity and as such, accounts for the varying levels of attention necessary to process a case from filing to disposition, which accurately determines workloads of circuits and judges; and

Whereas, the 2020 census has recently been completed with new population data for the state; and

Whereas, The workload of the circuits, judges, and other state courts, may be adequately balanced by using the 2020 census data and the methodology previously explored in 2013; and

Whereas, A new study will properly equip this Legislature with the data it needs to evaluate and realign the workloads of judges, circuits, and other state courts across the state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the judicial workload of courts and judges 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 2022, 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.