HOUSE JOINT RESOLUTION NO. 21
(By Delegate Frazier)
[Introduced March 13, 2009; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section three of article VIII, all relating
to making county circuit court deputy clerks employees of the
Supreme Court of Appeals of West Virginia; and providing a
summarized statement of the purpose of such proposed
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 2010, which proposed amendment is that section three of
article VIII be amended, all to read as follows:
. THE JUDICIARY
§ 3. Supreme Court of Appeals; Jurisdiction and Powers; Officers
and Employees; Terms
The Supreme Court of Appeals shall have original jurisdiction
of proceedings in habeas corpus, mandamus, prohibition and
The court shall have appellate jurisdiction in civil cases at
law where the matter in controversy, exclusive of interest and
costs, is of greater value or amount than three hundred dollars
unless such value or amount is increased by the Legislature; in
civil cases in equity; in controversies concerning the title or
boundaries of land; in proceedings in quo warranto, habeas corpus,
mandamus, prohibition and certiorari; and in cases involving
personal freedom or the constitutionality of a law. It shall have
appellate jurisdiction in criminal cases, where there has been a
conviction for a felony or misdemeanor in a circuit court, and such
appellate jurisdiction as may be conferred upon it by law where
there has been such a conviction in any other court. In criminal
proceedings relating to the public revenue, the right of appeal
shall belong to the state as well as to the defendant. It shall
have such other appellate jurisdiction, in both civil and criminal
cases, as may be prescribed by law.
The court shall have power to promulgate rules for all cases
and proceedings, civil and criminal, for all of the courts of the
state relating to writs, warrants, process practice and procedure, which shall have the force and effect of law.
The court shall have general supervisory control over all
intermediate appellate courts, circuit courts and magistrate
courts. The chief justice shall be the administrative head of all
the courts. He or she
may assign a judge from one intermediate
appellate court to another, from one circuit court to another, or
from one magistrate court to another, for temporary service. The
court shall appoint an administrative director to serve at its
pleasure at a salary to be fixed by the court. The administrative
director shall, under the direction of the chief justice, prepare
and submit a budget for the court.
The officers and employees of the Supreme Court of Appeals,
including the Supreme Court of Appeals
clerk and the law librarian,
shall be appointed and may be removed by the court. Their duties
and compensation shall be prescribed by the court.
Deputy circuit clerks shall be employees of the Supreme Court
of Appeals who shall be appointed by the circuit clerk subject to
the approval of the Supreme Court of Appeals. The circuit clerk is
an officer of the court who shall be elected pursuant to section
nine of this article.
The duties and responsibilities of the deputy circuit clerks
shall be prescribed by the court. The circuit clerks shall be
subject to the direction and control of the circuit judge of the
chief judge of said circuit, and the Supreme Court of Appeals.
The number, times and places of the terms of the Supreme Court
of Appeals shall be prescribed by law. There shall be at least two
terms of the court held annually.
That in accordance with the provisions
of article XI, chapter three of the Code of West Virginia, 1931, as
amended, such proposed amendment is hereby numbered "Amendment No.
1" and designated as the "Deputy Circuit Clerks Employees of
Supreme Court Amendment" and the purpose of the proposed amendment
is summarized as follows: "To amend the State Constitution to make
deputy clerks of the circuit courts as exclusive employees of the
Supreme Court of West Virginia."
NOTE: The purpose of this resolution is to make the various
clerks of the circuit courts as employees of the Supreme Court of
Appeals of West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would