HOUSE CONCURRENT RESOLUTION NO. 39

(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Martin,

Varner, Pino, Douglas, Michael, Mezzatesta, Givens,

Manuel, Trump, Faircloth and Miller)




Requesting the joint committee on government and finance to study the needs of the court facilities throughout West Virginia in relation to spatial needs to accommodate the various judicial offices and functions, to compliance with the Americans with Disabilities Act (ADA), to security needs and to other aspects which affect the overall effectiveness and operations of the judicial system.

Whereas, Within the past year the Commission on the Future of the West Virginia Judiciary has made several recommendations relating to the judicial system as a whole; and
Whereas, Among the recommendations made by the Commission were several recommendation relating directly to existing court facilities; and
Whereas, The Commission has found that there is need of additional circuit judges, family law judges, and other personnel ancillary to the addition of these judges; and
Whereas, The Commission has recommended that video conferencing and other technological advances should be implemented in the court system beginning in the year 2000; and
Whereas, There is a critical need to assess the capacity of existing court facilities to accommodate the addition of personnel and technological changes; and
Whereas, The West Virginia Association of Counties has provided input to the Commission expressing concern for county facilities relating to historic preservation, ADA compliance, telephone and other technological systems, fire safety and other issues of security, the use of former jail space and other issues; and
Whereas, The Legislature recognizes the need for upgrades to the existing court facilities; therefore be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to appoint a study committee which shall consist of the following representation to be appointed by the Speaker of the House of Delegates and the President of the Senate; three members of the House of Delegates, three members of the Senate, two members of county commissions, two county clerks, two circuit clerks, two county assessors, two county sheriffs and two members of the public at large; and the following members appointed by the Speaker of the House of Delegates and the President of the Senate upon nomination by the Supreme Court; two magistrate judges, two circuit judges, two family lawmasters or such officials as may replace the office of lawmaster and two county prosecuting attorneys; and shall include the Treasurer of West Virginia or his/her representative; and, be it
Further Resolved, That the study committee shall be directed to review, examine and study the needs of the existing court facilities relating to the following areas of concern; compliance with the Americans with Disabilities Act, appropriateness and location of facilities, renovation and historic preservation of courthouses, preparation for new technology, additional space requirements brought about by any judicial reforms such as addition of new circuit judges or addition of new family law courts, upgrade of telephone systems, space for 911 emergency centers, the use of former jail space and any other issue relating to the use of court facilities; and, be it
Further Resolved, That the committee shall be directed to study the financial impact of any proposed changes to the existing court facilities, including recommendations from architectural and engineering services, and shall prepare a report on the individual needs and financial requirements to address such needs for each individual county; and, be it
Further Resolved, That the committee is directed to report to the joint committee on government and finance by January 1, 2000, on its findings, conclusions and recommendations, and to submit a plan designed to establish the sufficient funding mechanisms to enable all necessary upgrades of court facilities to be undertaken, and to submit any drafts of any legislation necessary to effectuate any recommendations it shall make.