SENATE JOINT RESOLUTION NO. 7
(By Senator Yoder)
[Introduced February 19, 1996; referred to the
Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article eight thereof, relating to the
judiciary; 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 one thousand nine hundred ninety-six,
which proposed amendment is that article eight thereof be amended
to read as follows:
ARTICLE VIII. THE JUDICIARY.
§1. Judicial power.
The judicial power of the State shall be vested solely in a
supreme court of appeals and in the circuit courts, and in such
intermediate appellate courts and magistrate courts as shall be hereafter established by the Legislature, and in the justices,
judges and magistrates of such courts.
§2. Supreme court of appeals; intermediate appellate courts;
circuit courts; number; composition; terms; manner of
selection.
Subsection A - Number and Composition.
(1) The supreme court of appeals shall consist of five
justices. A majority of the justices of the court shall
constitute a quorum for the transaction of business.
The justices shall be elected by the voters of the State for
a term of twelve years, unless sooner removed or retired as
authorized in this article. The Legislature may prescribe by law
whether the election of such justices is to be on a partisan or
nonpartisan basis.
Provision shall be made by rules of the supreme court of
appeals for the selection of a member of the court to serve as
chief justice thereof. If the chief justice is temporarily
disqualified or unable to serve, one of the justices of the court
designated in accordance with the rules of the court shall serve
temporarily in his stead.
When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or
of an intermediate appellate court to serve from time to time in
his stead.
(2) The number and terms of judges of any intermediate
appellate court established by the Legislature shall be
prescribed by law.
(3) The Legislature shall prescribe the number of judicial
circuits, the county or counties comprising each, and the number
of judges in each judicial circuit, subject to the limitations
and requirements specified in section five of this article.
Subsection B - Terms of Justices and Judges; Manner of Selection.
(1) The terms of office of justices of the supreme court of
appeals elected for a full term in the general elections of one
thousand nine hundred eighty-eight, one thousand nine hundred
ninety-two, and one thousand nine hundred ninety-six shall be
twelve years ending, respectively, on the thirty-first day of
December, two thousand, the thirty-first day of December, two
thousand four, and the thirty-first day of December, two thousand
eight. The terms of office of justices of the supreme court of
appeals following the expiration of each such twelve-year term
shall be twelve years commencing on the thirty-first day of
January, of the year following their: (a) Nomination by the appellate court nominating commission on the basis of merit and
appointment by the governor; or (b) retention by election by the
people and ending on the thirty-first day of December of the
twelfth year thereafter.
(2) The terms of office of all judges of judicial circuits
whose terms by statute are to expire on the thirty-first day of
December, two thousand, are extended to the thirty-first day of
December, two thousand two. The terms of judges of judicial
circuits following the expiration of such extended terms of
office shall be eight years commencing on the first of January of
the year following their: (a) Nomination by a judicial circuit
nominating commission on the basis of merit and appointment by
the governor; or (b) retention by election by the people, and
ending on the thirty-first day of December of the eighth year
thereafter.
(3) Except as provided in the next succeeding sentence, the
twelve-year terms of justices of the supreme court of appeals
commencing on or after the first day of January, two thousand
one, and the eight-year terms of judges of judicial circuits
commencing on or after the first day of January, two thousand
three, shall be filled by persons who have been nominated by a
judicial nominating commission on the basis of merit and appointed by the governor. Any incumbent justice or judge
desiring to serve as justice or judge for the same court for a
successive full or unexpired term may be retained in office for
such term as provided in subsection (e) of this section.
(4) Should any incumbent justice or judge fail to receive an
affirmative vote of a majority of the people voting on the
question to retain the justice or judge in the manner provided in
subsection (e) of this section, then in that event the full term
for which the incumbent justice or judge sought to be retained
shall be filled by a person who has been nominated by a judicial
nominating commission on the basis of merit and appointed by the
governor.
(5) Any vacancy occurring on or after the general election
of the fifth day of November, one thousand nine hundred ninety-
six, in the unexpired term of a justice of the supreme court of
appeals, or judge of any intermediate appellate court, or a
judicial circuit shall be filled for the remainder of the
unexpired term by a person who has been nominated by a judicial
nominating commission on the basis of merit and appointed by the
governor.
Subsection C - Judicial Nominating Commissions.
(1) There shall be one judicial nominating commission for the supreme court of appeals and any intermediate appellate court
to be known as the appellate court nominating commission and one
judicial nominating commission for each judicial circuit to be
known as the judicial circuit nominating commission.
(2) The appellate court judicial nominating commission may
nominate persons to fill full-term and vacant positions on the
supreme court of appeals and on any intermediate appellate court
that may be established by law not filled by a retention election
by the people. The judicial circuit nominating commission for
each judicial circuit may nominate persons to fill full-term or
vacant judge positions in the judicial circuit not filled by a
retention election by the people.
(3) The appellate court nominating commission and a judicial
circuit nominating commission shall nominate no less than three
nor more than five of the most highly qualified persons for each
position or vacancy taking into consideration the adjudicative
and other responsibilities of a justice or judge as provided in
the code of judicial conduct promulgated and adopted by the
supreme court of appeals. Nominees for justices of the supreme
court of appeals shall have been admitted to practice law for at
least ten years prior to nomination, and nominees for judges of
an intermediate appellate court or judicial circuit shall have been admitted to practice law for at least five years prior to
nomination. Nominees for justices of the supreme court of
appeals, judges of any intermediate appellate court and judges of
judicial circuits shall be residents of the State. Nominees for
justices and judges shall possess all other qualifications
established by this Constitution and by law.
(4) The appellate court nominating commission shall consist
of seven members. Three of the seven members shall be lawyers
who are active members of the West Virginia state bar and
residents of the State. Four of the seven members shall be
nonlawyers and residents of the State. The seven members shall
be elected or appointed as herein provided for terms of six
years: Provided, That the initial terms of the three lawyer
members shall be two, four and six years, respectively, and the
initial terms of the four nonlawyer members shall be two, three,
five and six years, respectively. The lawyer members of the
appellate court nominating commission shall be elected by active
members of the West Virginia state bar who reside in the State.
The governor shall appoint all nonlawyer members of the appellate
nominating commission. The governor shall make a reasonable
effort to ensure that the nonlawyer members of the appellate
court nominating commission are representative and knowledgeable of the interests of labor, business and industry and the general
public, without regard to political affiliation, and reside in
different parts of the State. At least one of the nonlawyer
members shall be a woman, African-American, Hispanic or Native
American. Vacancies in unexpired terms of members previously
elected or appointed to the appellate nominating commission shall
be filled in like manner.
(5) Each judicial circuit nominating commission shall
consist of seven members. Three of the seven members shall be
lawyers who are active members of the West Virginia state bar.
The seven members of each judicial circuit nominating commission
shall reside within the judicial circuit. The seven members
shall be elected or appointed as herein provided for terms of six
years: Provided, That the initial terms of the three lawyer
members shall be two, four and six years, respectively, and the
initial terms of the four nonlawyer members shall be two, three,
four and six years, respectively. The lawyer members of each
judicial circuit nominating commission shall be elected by the
active members of the West Virginia state bar who reside within
the judicial circuit. The governor shall appoint all nonlawyer
members of each judicial circuit nominating commission. The
governor shall make a reasonable effort to ensure that the nonlawyer members of each judicial circuit nominating commission
are representative and knowledgeable of the interests of labor,
business and industry and the general public, without regard to
political affiliation, and reside in different parts of the
judicial circuit. At least one of the nonlawyer members shall
be a woman, African-American, Hispanic or Native American.
Vacancies in unexpired terms of members previously elected or
appointed to a judicial circuit nominating commission shall be
filled in like manner.
(6) No member of a judicial nominating commission may hold
any state judicial office or any office in a political party or
be employed in a state judicial office, so long as he or she is
a commission member and for two years thereafter, nor serve more
than two full terms as a member of a judicial nominating
commission. Members of each judicial nominating commission shall
be reimbursed for all reasonable and necessary expenses actually
incurred in carrying out their official duties. Compensation may
be authorized by law. The administrative office of the supreme
court of appeals shall make staff, equipment and materials
available to assist each judicial nominating commission in
carrying out its official duties. Each judicial nominating
commission shall elect one of its members as a chairperson, vice chairperson and secretary and adopt any rules and procedures
which will aid in its selection of the most qualified nominees
for judicial office. A quorum of each judicial nominating
commission consists of five of its members, and an affirmative
vote of four of its members is required to make a nomination.
Subsection D - Appointments to Judicial Positions.
The governor shall fill any full-term position or vacancy in
an office of justice of the supreme court of appeals, any full-
term position or vacancy in an office of judge of any
intermediate appellate court, and any full-term position or
vacancy in an office of judge of any judicial circuit not filled
through the process of a retention election by the people, by
appointing one person nominated by the judicial nominating
commission for the court or judicial circuit where the position
is to be filled or the vacancy exists. Appointments shall be
made by the governor within thirty days from the date nominees
are submitted to the governor's office.
Subsection E - Retention Elections.
If any incumbent justice or judge should seek one or more
succeeding full or unexpired terms in the same judicial office,
the justice or judge shall be retained in office for such
succeeding term or terms by receiving the affirmative vote of a majority of the people voting on the question "Shall (Justice
___________ of the Supreme Court of Appeals, or Judge
____________ of the _____________ Intermediate Appellate Court,
or Judge __________ of the _____________ Judicial Circuit) be
retained in office?" The question shall be put on statewide
nonpartisan ballots, in the case of justices of the supreme court
of appeals or judges of an intermediate appellate court and on
judicial-circuit-wide, nonpartisan ballots, in the case of judges
of judicial circuits, as a part of the last general election held
before the end of their respective terms.
Subsection F - Legislative Powers.
The Legislature may provide by law for the implementation of
the provisions of this section. The Legislature may by the
affirmative vote of sixty percent of the members of each house
alter, revise or amend any provision of this section: Provided,
That it shall not extend or modify the effective dates specified
in this section nor provide for the selection of justices and
judges in any manner other than by a process of nomination by a
judicial nominating commission and appointment by the governor or
by a retention election.
§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.
A majority of the justices of the court shall constitute a
quorum for the transaction of business.
Provision shall be made by rules of the supreme court of
appeals for the selection of a member of the court to serve as
chief justice thereof. If the chief justice is temporarily
disqualified or unable to serve, one of the justices of the court
designated in accordance with the rules of the court shall serve
temporarily in his stead as chief justice.
When any justice is temporarily disqualified or unable to
serve, the chief justice may assign a judge of a circuit court or
of an intermediate appellate court to serve from time to time in
his stead as a justice.
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 and 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 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.
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.
§4. Writ of error, supersedeas and appeal; scope and form of
decisions.
A writ of error, supersedeas or appeal shall be allowed by
the supreme court of appeals, or a justice thereof, only upon a
petition assigning error in the judgment or proceedings of a
court and then only after the court, or a justice thereof, shall
have examined and considered the record and is satisfied that
there probably is error in the record, or that it presents a
point proper for the consideration of the court.
No decision rendered by the court shall be considered as
binding authority upon any court, except in the particular case
decided, unless a majority of the justices of the court concur in
such decision.
When a judgment or order of another court is reversed, modified or affirmed by the court, every point fairly arising
upon the record shall be considered and decided; the reasons
therefor shall be concisely stated in writing and preserved with
the record; and it shall be the duty of the court to prepare a
syllabus of the points adjudicated in each case in which an
opinion is written and in which a majority of the justices
thereof concurred, which shall be prefixed to the published
report of the case.
§5. Circuit courts.
The judge or judges of each circuit court shall be elected
by the voters of the circuit for a term of eight years, unless
sooner removed or retired as authorized in this article. The
Legislature may prescribe by law whether the election of such
judges is to be on a partisan or nonpartisan basis. Upon the
effective date of this article, each statutory court of record of
limited jurisdiction existing in the State immediately prior to
such effective date shall become part of the circuit court for
the circuit in which it presently exists, and each such judge of
such statutory court of record of limited jurisdiction shall
thereupon become a judge of such circuit court.
During his continuance in office, a judge of a circuit court
shall reside in the circuit of which he such person is a judge.
The Legislature may increase, or other than during term of
office decrease, the number of circuit judges within any circuit.
The judicial circuits in existence on the effective date of this
article shall remain as so constituted until changed by law, and
the Legislature, at any session thereof held in the odd-numbered
year next preceding the time for the full term appointment or
retention election of the judges thereof, may rearrange the
circuits and may increase or diminish the number of circuits. A
judge of a circuit court in office at the time of any such change
shall continue as a judge of the circuit in which he the judge
shall continue to reside after such change until his expiration
of the judge's term, shall expire, unless sooner removed or
retired as authorized in this article.
There shall be at least one judge for each circuit court and
as many more as may be necessary to transact the business of such
court. If there be two or more judges of a circuit court,
provision shall be made by rules of such circuit court for the
selection of one of such judges to serve as chief judge thereof.
If the chief judge is temporarily disqualified or unable to
serve, one of the judges of the circuit court designated in
accordance with the rules of such court shall serve temporarily
in his stead as chief judge.
The supreme court of appeals shall provide for dividing the
business of those circuits in which there shall be more than one
judge between the judges thereof so as to promote and secure the
convenient and expeditious transaction of such business.
In every county in the State the circuit court for such
county shall sit at least three times in each year. The supreme
court of appeals shall designate the times at which each circuit
court shall sit, but until this action is taken by the supreme
court of appeals, each circuit court shall sit at the times
prescribed by law. If there be two or more judges of a circuit
court, such judges may hold court in the same county or in
different counties within the circuit at the same time or at
different times.
§6. Circuit court; jurisdiction, authority and power.
Circuit courts shall have control of all proceedings before
magistrate courts by mandamus, prohibition and certiorari.
Circuit courts shall have original and general jurisdiction
of all civil cases at law where the value or amount in
controversy, exclusive of interest and costs, exceeds one hundred
dollars unless such value or amount is increased by the
Legislature; of all civil cases in equity; of proceedings in
habeas corpus, mandamus, quo warranto, prohibition and certiorari; and of all crimes and misdemeanors. On and after
January one, one thousand nine hundred seventy-six, The
Legislature may provide that all matters of probate, the
appointment and qualification of personal representatives,
guardians, committees and curators, and the settlements of their
accounts, shall be vested exclusively in circuit courts or their
officers, but until such time as the Legislature provides
otherwise, jurisdiction in such matters shall remain in the
county commissions or tribunals existing in lieu thereof or the
officers of such county commissions or tribunals.
Circuit courts shall have appellate jurisdiction in all
cases, civil and criminal, where an appeal, writ of error or
supersedeas is allowed by law to the judgment or proceedings of
any magistrate court, unless such jurisdiction is conferred by
law exclusively upon an intermediate appellate court or the
supreme court of appeals.
Circuit courts shall also have such other jurisdiction,
authority or power, original or appellate or concurrent, as may
be prescribed by law.
Subject to the approval of the supreme court of appeals,
each circuit court shall have the authority and power to
establish local rules to govern the court.
Subject to the supervisory control of the supreme court of
appeals, each circuit court shall have general supervisory
control over all magistrate courts in the circuit. Under the
direction of the chief justice of the supreme court of appeals,
the judge of the circuit court, or the chief judge thereof if
there be more than one judge of the circuit court, shall be the
administrative head of the circuit court and all magistrate
courts in the circuit.
§7. General provisions relating to justices, judges and
magistrates.
All justices, judges and magistrates must be residents of
this State and shall be commissioned by the governor. No person
may hereafter be elected as a justice of the supreme court of
appeals unless he has been admitted to practice law for at least
ten years prior to his election, and no person may hereafter be
elected as a judge of a circuit court unless he has been admitted
to practice law for at least five years prior to his election.
Justices, judges and magistrates shall receive the salaries
fixed by law, which shall be paid entirely out of the state
treasury, and which may be increased but shall not be diminished
during their term of office, and they shall receive expenses as
provided by law. The salary of a circuit judge shall also not be diminished during his term of office by virtue of the statutory
courts of record of limited jurisdiction of his circuit becoming
a part of such circuit as provided in section five of this
article.
Any justice of the supreme court of appeals and any judge of
any circuit court, including any statutory court of record of
limited jurisdiction which becomes a part of a circuit court by
virtue of section five of this article, in office on the
effective date of this article shall continue in office until his
expiration of the term shall expire, for which elected, unless
sooner removed or retired as authorized in this article.
Provided, That as to the term of any judge of a statutory court
of record of limited jurisdiction which does not expire on the
thirty-first day of December, one thousand nine hundred
seventy-six, the following provisions shall govern and control
unless any such judges shall be sooner removed or retired as
authorized in this article: (1) If the term would otherwise
expire before the thirty-first day of December, one thousand nine
hundred seventy-six, such term shall continue through and expire
on said thirty-first day of December, one thousand nine hundred
seventy-six, (2) if the term would otherwise expire on the first
day of January, one thousand nine hundred seventy-seven, such term shall terminate and expire on the thirty-first day of
December, one thousand nine hundred seventy-six, and (3) if the
term would otherwise expire after the thirty-first day of
December, one thousand nine hundred seventy-six, but other than
on the first day of January, one thousand nine hundred
seventy-seven, such term shall continue through and expire on
the thirty-first day of December, one thousand nine hundred
eighty-four
No justice, judge or magistrate shall hold any other office,
or accept any appointment or public trust, under this or any
other government; nor shall he become a candidate for any
elective public office or nomination thereto, except in the case
of a magistrate a judicial office; and the violation of any of
these provisions shall vacate his the judicial office. No
justice of the supreme court of appeals or judge of an
intermediate appellate court or of a circuit court shall practice
the profession of law during the term of his judicial office, but
magistrates who are licensed to practice this profession may
practice law except to the extent prohibited by the Legislature.
If from any cause a vacancy shall occur in the office of a
justice of the supreme court of appeals or a judge of a circuit
court, the governor shall issue a directive of election to fill such vacancy in the manner prescribed by law for electing a
justice or judge of the court in which the vacancy exists, and
the justice or judge shall be elected for the unexpired term; and
in the meantime, the governor shall fill such vacancy by
appointment until a justice or judge shall be elected and
qualified. If the unexpired term be less than two years, or such
additional period, not exceeding a total of three years, as may
be prescribed by law, the governor shall fill such vacancy by
appointment for the unexpired term.
§8. Censure, temporary suspension and retirement of justices,
judges and magistrates; removal.
Under its inherent rule-making power, which is hereby
declared, the supreme court of appeals shall, from time to time,
prescribe, adopt, promulgate and amend rules prescribing a
judicial code of ethics, and a code of regulations and standards
of conduct and performances for justices, judges and magistrates,
along with sanctions and penalties for any violation thereof, and
the supreme court of appeals is authorized to censure or
temporarily suspend any justice, judge or magistrate having the
judicial power of the State, including one of its own members,
for any violation of any such code of ethics, code of regulations and standards, or to retire any such justice, judge or magistrate
who is eligible for retirement under the West Virginia judges'
retirement system (or any successor or substituted retirement
system for justices, judges and magistrates of this State) and
who, because of advancing years and attendant physical or mental
incapacity, should not, in the opinion of the supreme court of
appeals, continue to serve as a justice, judge or magistrate.
No justice, judge or magistrate shall be censured,
temporarily suspended or retired under the provisions of this
section unless he shall have without having first been afforded
the right to have a hearing before the supreme court of appeals,
nor unless he shall have without having received notice of the
proceedings, with a statement of the cause or causes alleged for
his censure, temporary suspension or retirement, at least twenty
days before the day on which the proceeding is to commence. No
justice of the supreme court of appeals may be temporarily
suspended or retired unless all of the other justices concur in
such temporary suspension or retirement. When rules herein
authorized are prescribed, adopted and promulgated, they shall
supersede all laws and parts of laws in conflict therewith, and
such laws shall be and become of no further force or effect to
the extent of such conflict.
A retired justice or judge may, with his permission the
consent of the justice or judge and with the approval of the
supreme court of appeals, be recalled by the chief justice of the
supreme court of appeals for temporary assignment as a justice of
the supreme court of appeals, or judge of an intermediate
appellate court, a circuit court or a magistrate court.
A justice or judge may be removed only by impeachment in
accordance with the provisions of section nine, article four of
this Constitution. A magistrate may be removed from office in
the manner provided by law for the removal of county officers.
§9. Clerks of circuit courts.
The voters of each county shall elect a clerk of the circuit
court, whose term of office shall be six years. The Legislature
shall prescribe by law his the duties, responsibilities,
compensation and the manner of removing him removal from office.
shall be prescribed by law Whenever the clerk shall be so
situated as to make it improper for him such clerk to act in any
matter, a clerk to act therein shall be appointed by the judge of
the circuit court or the chief judge thereof, if there be more
than one judge of the circuit court. Vacancies shall be filled
in the manner prescribed by law. A clerk of the circuit court in
office on the effective date of this article shall continue in office until his expiration of the term for which elected, shall
expire, unless sooner removed in the manner prescribed by law.
§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 fifth day of November, one thousand nine hundred seventy-
four, 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: And Provided, further, 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 the courts shall hold their offices for the
term of four 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 continuance in office A magistrate
or officer of such a court shall reside in the county for which
he 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 the 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 a 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
The 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 five
thousand dollars, unless such the 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
the court between the magistrates thereof so as to promote and
secure the convenient and expeditious transaction of such
business shall be determined in such a manner or by such method
as shall be prescribed by the judge of the circuit court of such
the county, or the chief judge thereof, if there be more than one
judge of such the 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 services on a fee basis or receive to his own
for personal use for his services any pecuniary compensation,
reward or benefit other than the salary prescribed by law.
§11. Municipal courts.
The Legislature may provide for the establishment in
incorporated cities, towns or villages of municipal, police or
mayors' courts, and may also provide the manner of selection of
the judges of such courts. Such The courts shall have
jurisdiction to enforce municipal ordinances, with the right of
appeal as prescribed by law. Until otherwise provided by law,
all such the courts heretofore established shall remain and
continue as now constituted, and with the same right of appeal,
insofar as their jurisdiction to enforce municipal ordinances is
concerned; but on and after the first day of January, one one
thousand nine hundred seventy-seven, any other jurisdiction now
exercised by such the courts shall cease. No judge of a
municipal, police or mayor's court or any officer thereof shall
be compensated for his services on a fee basis or receive to his
own for personal use for his services any pecuniary compensation,
reward or benefit other than the salary prescribed therefor.
§12. Issuance and execution of writs, warrants and process;
admission to bail.
The Legislature may designate the courts and officers or
deputies thereof who shall have the power to issue, execute or
serve such the writs, warrants or any other process as may be
prescribed by law, and may specify before what courts or officers
thereof such the writs, warrants or other process shall be
returnable. The Legislature may also designate the courts and
officers or deputies thereof who shall have the power to admit
persons to bail. No person exercising such these powers shall be
compensated therefor on a fee basis.
§13. Parts of existing law effective.
Except as otherwise provided in this article, such the parts
of the common law, and of the laws of this State as are in force
on the effective date of this article and are not repugnant
thereto, shall be and continue the law of this State until
altered or repealed by the Legislature.
§14. Pending causes; transfer of causes; records.
Until otherwise provided by law, all matters pending in any
court on the effective date of this article shall remain and be
prosecuted in the court in which they are pending.
Whenever the jurisdiction, powers or duties of any court are
terminated or changed, the Legislature shall provide by law for the transfer of all matters pending therein as to which the court
shall not thereafter act, together with all of the records and
papers pertaining thereto, to a court having jurisdiction, powers
or duties as to such the matters, and shall provide for the
prosecution therein of such the matters as if then and there
pending.
All records and papers pertaining to matters already
disposed of in any court shall be preserved or disposed of in a
manner prescribed by law.
§15. Effective date of article; certain provisions to be
operable at time specified; effect of article on certain
provisions of Constitution.
Notwithstanding the provisions of section one of this
article, the office of justice of the peace, as heretofore
constituted, shall continue until January one, one thousand nine
hundred seventy-seven. No person shall be elected to the office
of justice of the peace or constable at the general election to
be held in the year one thousand nine hundred seventy-six, and
said offices shall cease to exist as of January one, one thousand
nine hundred seventy-seven.
This article shall take effect from the time of
ratification, but in any case where it is specified in this article that a provision shall become operable on and after a
certain date, such that date shall govern and control as to the
operable date of such the provision.
The provisions of this article shall supersede and prevail
over all other provisions of this Constitution which are
expressly or impliedly in conflict or inconsistent therewith.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 3" and designated as
the "Judicial Improvement Amendment," and the purpose of the
proposed amendment is summarized as follows:
"To amend article eight of the State Constitution so as to
provide for the retention election of incumbent justices and
judges, the filling of full term or vacant positions in the
office of any justice or judge through a process of nomination by
a judicial nominating commission on the basis of merit and
appointment by the governor, and the elimination of obsolete
provisions of article eight."
NOTE: The purpose of this resolution is to propose an
amendment to Article VIII of the West Virginia Constitution, relating to the Judiciary, so as to provide for the retention
election of incumbent justices and judges, the filling of full
term or vacant positions in the office of any justice or judge
through a process of nomination by a judicial nominating
commission on the basis of merit and appointment by the governor,
and the elimination of obsolete provisions and archaic language.
Strike-throughs indicate language that would be stricken
from the present Constitution, and underscoring indicates new
language that would be added.