HOUSE CONCURRENT RESOLUTION NO. 76

(By Delegate Given)




Requesting the Joint Committee on Government and Finance to conduct a study on the creation of a statutory entity to review internal investigations of complaints lodged against state, county and local judicial or political officials.

Whereas, Functions of the State Ethics Commission provide a mechanism for investigation of complaints of acts of criminal activity or the use of an abuse of power by members of the judicial or political powers, but provide no opportunity for participation in the review process by citizens; and
Whereas, Review of complaints against members of state and county judicial or political powers presents troubling questions about the extent to which the public interest requires confidentiality, and the extent to which the public interest requires disclosure of certain findings; and
Whereas, Review of complaints against members of state and county judicial and political powers presents troubling questions about appropriate mechanisms which balance the constitutional, statutory or common law rights of judicial and political powers against whom a complaint is filed with the rights of the complainants bringing charges of misconduct; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the creation of a statutory entity to review internal investigations of complaints lodged against state, county and local judicial andor political officials. and make recommendations on the composition and functions of any board to be created to the Legislature in the regular session, 1999; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1999, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That expenses necessary to conduct this study and to prepare and report necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.