Rejected by House 3-18-2013

HCR44 HFA Armstead 3-15

Delegates Armstead, O’Neal, Lane and Sobonya move to amend the resolution on Page 1, line 8, by striking the resolution and inserting in lieu thereof the following:

Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia and the need for any additional steps to ensure the effectiveness and accessibility of the appellate process.

    Whereas, The United States Constitution and the West Virginia Constitution provide that each citizen is guaranteed a fair hearing in the courts of this nation; and

    Whereas, There has been a review of West Virginia courts by commissions appointed by the executive branch of government; and

    Whereas, As a result of concerns relating to West Virginia’s appeals process, in December, 2011, the West Virginia Supreme Court adopted new appellate rules relating to judicial review and written decisions on each appeal filed with that court; and

    Whereas, Some citizens and entities continue to express a belief that West Virginia’s courts are unfair to litigants and are harmful to the business climate in this 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 effectiveness and efficiency of the Supreme Court Rules on the appeals process in West Virginia and the need for any additional steps to ensure the effectiveness and accessibility of the appeals process including the possible creation of an intermediate court of appeals; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations in order to make certain that West Virginia’s judicial system is fair in its procedures and processes for citizens and businesses; 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.