ENROLLED
H. J. R. 116
(By Delegates Fleischauer, Staton, Osborne, Givens, Kominar,
Webb and Smirl)
[Adopted March 14, 1998.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending sections one and five, article eight
thereof, authorizing the Legislature to create courts of
original and appellate jurisdiction; 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-eight, which proposed
amendment is that sections one and five, 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, in the circuit courts and in such other courts, subordinate to the supreme court of appeals, of original or
appellate courts, and magistrate courts as shall be hereafter established by jurisdiction as the Legislature may from time to time
establish and in the justices, judges and magistrates of such
courts.
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. 21""" and designated as
the "Judicial Reform Amendment" and the purpose of the proposed
amendment is summarized as follows: "To amend the Constitution of
West Virginia to authorize the Legislature to create additional
courts of original and appellate jurisdiction and permitting the
Legislature to determine the original and appellate jurisdiction of
the courts of this state."
Adopted
Rejected