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:
§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."