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Introduced Version House Joint Resolution 21 History

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hjr21 intr
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 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 2010, which proposed amendment is that section three of article VIII be amended, all to read as follows:
ARTICLE VIII. 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 certiorari.
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.
ARTICLE VIII.
Resolved further, 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 be added.
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