ENROLLED
H. B. 212
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Passed July 21, 2010; in effect from passage.]
AN ACT
to amend and reenact §51-2A-16 of the Code of West Virginia,
1931, as amended, relating to family court appellate
procedures; extending the sunset provisions regarding appeal
of family court decisions; requiring the Supreme Court of
Appeals to report to the Joint Committee on Government and
Finance before the 2011 Legislative session; setting forth
issues to be discussed in the report; and applying amendments
to section retroactively.
Be it enacted by the Legislature of West Virginia:
That §51-2A-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-16. Expiration of appellate procedures; exceptions; report
requirements.
(a) The provisions of sections eleven, twelve, thirteen,
fourteen and fifteen of this article shall expire and be of no
force and effect after June 30, 2011, except as otherwise provided
by subsection (b) of this section.
(b) Appeals that are pending before a circuit court or the
Supreme Court of Appeals on June 30, 2011, but not decided before
July 1, 2011 shall proceed to resolution in accordance with the
provisions of sections eleven, twelve, thirteen, fourteen and
fifteen of this article, notwithstanding the provisions of
subsection (a) of this section that provide for the expiration of
those sections. The Supreme Court of Appeals shall, by rule,
provide procedures for those appeals that are remanded but not
concluded prior to July 1, 2011, in the event that the appeals
process set forth in sections eleven, twelve, thirteen, fourteen
and fifteen of this article is substantially altered as of July 1,
2011.
(c) Prior to the 2011 regular session of the Legislature and
annually thereafter, the Supreme Court of Appeals shall provide a
detailed report to the Joint Committee on Government and Finance
the number of appeals from final orders of the family court filed
in the various circuit courts and in the Supreme Court of Appeals,
the number of pro se appeals filed, the subject matter of the
appeals, the time periods in which appeals are concluded, the
number of cases remanded upon appeal, recommendations and supporting data on the feasibility, need and effect of creating an
intermediate appellate court or other system of appellate procedure
for family court matters and such other detailed information so as
to enable the Legislature to study the appellate procedures for
family court matters and to consider the possible necessity and
feasibility of creating an intermediate appellate court or other
system of appellate procedure.
(d) The amendments to this section in the second extraordinary
session of the Legislature in 2010 shall apply retroactively so
that the provisions of sections eleven, twelve, thirteen, fourteen
and fifteen of this article shall be construed as if they did not
expire after June 30, 2010.