HOUSE RESOLUTION NO. 36

(By Delegates Compton, Ennis,

Hubbard, Mahan,

Pino and
Webb)



Encouraging the people of West Virginia concerned about the impact of divorce, domestic violence, family separation or gender bias in domestic relations legal related matters to contact both the Commission on the Future of the West Virginia Judicial System appointed by the West Virginia Supreme Court of Appeals and the West Virginia State Bar's Commission on Children and the Law to voice their respective concerns; asking the Commissions to consider the impact of domestic relations disputes on the children of this State during their respective deliberations; and respectfully requesting that the Commissions consider the interests of the children to be of foremost importance in resolving domestic and family disputes impacting children.

Whereas, The children of West Virginia are among the greatest resources of this State and should be nurtured and protected by all segments of government and society; and
Whereas, Every year, many children of this State endure tragedies associated with abuse, divorce, family separation, domestic violence and other family related problems; and
Whereas, The House of Delegates requests that every parent, grandparent, counselor, civic, political and religious leader and others involved in influencing children and strengthening families in West Virginia to take an active role in attempts to lower the rate of child abuse, divorce, and domestic violence in West Virginia; and
Whereas, The House of Delegates believes that the children of this State should be allowed to experience the benefits and joys associated with having family relationships with members of both their maternal and paternal families, including maternal and paternal grandparents, when such maternal and paternal family members are nonabusive and nonneglectful; and
Whereas, The House of Delegates implores all people involved in making domestic related decisions which will affect children in this State to make just decisions that treat all people equally and fairly and that such decision makers take extra care to ensure their decisions are in the best interests of the children involved and not gender biased or discriminatory; and
Whereas, The Commission on the Future of the West Virginia Judicial System has been appointed by the Supreme Court of the State of West Virginia to develop a plan to implement recommendations to improve the court system in this State, including how the court system may improve equality, fairness and integrity for all who have business before courts in this State; and
Whereas, The West Virginia Supreme Court has specifically directed the Commission on the Future of the West Virginia Judicial System to: (1) Examine the societal trends which are affecting the role and caseload of the courts; (2) assess the performance of the court system in light of established standards of fairness, accessibility, timeliness and accountability; (3) identify the strengths of the court system as well as obstacles to improving the performance of the court system; (4) make recommendations that will ensure a just, effective, responsive and efficient court system into the next century; and (5) develop a plan to implement its recommendations; and
Whereas, The Commission on the Future of the West Virginia Judicial System has proposed a work plan that anticipates the collection of information and data through April, 1998, with subcommittees working on key identified issues through August 15, 1998, the Commission considering subcommittee recommendations in September, drafting a report in October and finalizing their report in November for submission in December; and
Whereas, The Commission on the Future of the West Virginia Judicial System has been ordered to consider the experiences of individuals, organizations and agencies that are served by the courts during its deliberations; and
Whereas, The Commission on the Future of the West Virginia Judicial System has requested information in public hearings, public filings, delivered to Commission at P.O. Box 5130, Charleston, WV 25361, web site and e-mail input at www.state.wv.us/wvsca, focus groups, surveys and other means of communication; and
Whereas, The West Virginia State Bar, through its Commission on Children and the Law, intends to submit recommendations to the Commission on the Future of the West Virginia Legal System on behalf of lawyers and judges in April, 1998, and welcomes written comments concerning children and the law from the public and those served by the legal system in West Virginia: Provided, That such comments from the public should be submitted to the Commission on Children and the Law, C/O West Virginia State Bar, 2006 Kanawha Blvd. East, Charleston, WV 25311, on or before April 1, 1998: Provided, however, That the State Bar advises those submitting comments to its Commission on Children and the Law to also communicate their respective concerns directly to the Supreme Court's Commission on the Future of the West Virginia Legal System; therefore, be it
Resolved by the Legislature of West Virginia:
That the House of Delegates encourages the people of West Virginia concerned about the impacts of divorce, domestic violence, family separation or gender bias in domestic relations legal related matters to communicate with the West Virginia Supreme Court's Commission on the Future of the West Virginia Judicial System and the West Virginia State Bar's Commission on Children and the Law to: (1) Voice their respective concerns; (2) ask the Commissions to consider the impact of domestic relations disputes on the children of this State during their respective deliberations; and (3) respectfully request that the Commissions consider the interests of the children to be of foremost importance in resolving domestic and family disputes impacting children; and, be it
Further Resolved, That the House of Delegates encourages the Commission on the Future of the West Virginia Judicial System and the Commission on Children and the Law to consider the final report and recommendations of the Task Force on Gender Fairness in the Courts submitted to the West Virginia Supreme Court in October, 1996, as part of their respective deliberations; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Supreme Court's Commission on the Future of the West Virginia Judicial System; the West Virginia State Bar's Commission on Children and the Law; the Fair Rights for Families; and members of the press routinely covering the activities of the House of Delegates.