HOUSE JOINT RESOLUTION NO. 19
(By Delegates Browning and Varner)
[Introduced January 9, 2008; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section ten, article eight thereof,
relating to increasing the term of magistrates from four years
to six years; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year two thousand eight[ENTER YEAR], which proposed amendment is that
section ten, article eight thereof be amended to read as follows:
ARTICLE VIII.JUDICIAL POWERS.
§10. Magistrate courts.
The Legislature shall establish in each county a magistrate
court or courts with the right of appeal as prescribed by law.
Such courts shall be courts of record if so prescribed by law.
The Legislature shall determine the qualifications and the
number of magistrates for each such court to be elected by the
voters of the county, and the Legislature may prescribe by law
whether the election of such magistrates is to be on a partisan or
nonpartisan basis:
Provided, That any person in office as a
justice of the peace of this state on the effective date of this
article and who has served as a justice of the peace of this state
for at least one year prior to such effective date shall, insofar
as any qualifications established by the Legislature for the office
of magistrate are concerned and notwithstanding the same, be deemed
qualified for life to run for election as a magistrate of any such
court:
Provided, however, That the Legislature shall not have the
power to require that a magistrate be a person licensed to practice
the profession of law, nor shall any justice or judge of any higher
court establish any rules which by their nature would dictate or
mandate that a magistrate be a person licensed to practice the
profession of law. The magistrates of such courts shall hold their
offices for the term of
four six years unless sooner removed or
retired as authorized in this article. The Legislature shall also
determine the number of officers to be selected for each such court
and the manner of their selection. During his
or her continuance in office a magistrate or officer of such a court shall reside in
the county for which he
or she is elected or selected. The
Legislature shall prescribe by law for the filling of any vacancy
in the office of a magistrate or officer of such court.
The jurisdiction of a magistrate court shall extend throughout
the county for which it is established, shall be uniform for all
counties of the state and shall be subject to such regulations as
to venue of actions and the counties in which process may be
executed or served on parties or witnesses as may be prescribed by
law. The times and places for holding such courts shall be
designated or determined in such manner as shall be prescribed by
law.
Magistrate courts shall have such original jurisdiction in
criminal matters as may be prescribed by law, but no person shall
be convicted or sentenced for a felony in such courts. In criminal
cases, the procedure may be by information or warrant of arrest,
without presentment or indictment by a grand jury. Such courts
shall have original jurisdiction in all civil cases at law wherein
the value or amount in controversy, exclusive of interest and
costs, shall not exceed fifteen hundred dollars, unless such amount
and value shall be increased by the Legislature, except such civil
matters as may be excluded from their jurisdiction by law; and, to
the extent provided by law, in proceedings involving real estate
when the title thereto is not in controversy. No judgment of a magistrate in any proceeding involving real estate or any right
pertaining thereto shall bar the title of any party or any remedy
therefor.
The division of the business of a magistrate court in any
county in which there shall be more than one magistrate of such
court between the magistrates thereof so as to promote and secure
the convenient and expeditious transaction of such business shall
be determined in such manner or by such method as shall be
prescribed by the judge of the circuit court of such county, or the
chief judge thereof, if there be more than one judge of such
circuit court.
In a trial by jury in a magistrate court, the jury shall
consist of six jurors who are qualified as prescribed by law.
No magistrate or any officer of a magistrate court shall be
compensated for his
or her services on a fee basis or receive to
his
or her own use for his
or her services any pecuniary
compensation, reward or benefit other than the salary prescribed by
law.
NOTE: The purpose of this resolution is to increase
magistrates' term of office from four years to six years.
Strike-throughs indicate language that would be stricken from
the present constitution, and underscoring indicates new language
that would be added.
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