ENROLLED
H. J. R. 30
(By Delegates Fleischauer, Kominar, Leach,
Pino, Houston and Overington)
[Adopted March 13, 1999.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article eight thereof by adding thereto a
new section, designated section sixteen, relating to
authorizing of the Legislature to establish a family court of
original jurisdiction; authorizing the legislature to
determine the jurisdiction of family courts; providing for the
election of family court judges; setting forth the required
qualifications to serve as a family court judge; permitting
the legislature to determine the number of family court judges
and family court circuits; permitting the Legislature to
determine the arrangement of family court circuits; permitting
the Legislature to establish staggered terms of office;
providing that the supreme court of appeals will have general
supervisory control over family courts; 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
of 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 two thousand or in any special election prior thereto,
which proposed amendment is that article eight thereof be amended
by adding thereto a new section designated section sixteen, to read
as follows:
ARTICLE VIII. THE JUDICIARY
§16.Family Courts
There is hereby created under the general supervisory control
of the supreme court of appeals a unified family court system in
the state of West Virginia to rule on family law and related
matters. Family courts shall have original jurisdiction in the
areas of family law and related matters as may hereafter be
established by law. Family courts may also have such further
jurisdiction as established by law.
Family court judges shall be elected by the voters for a term
prescribed by law not to exceed eight years, unless sooner removed
or retired as authorized in this article. Family court judges must
be admitted to practice law in this state for at least five years
prior to their election. Family court judges shall reside in the circuit for which he or she is a judge.
The necessary number of family court judges, the number of
family court circuits and the arrangement of circuits shall be
established by law. Staggered terms of office for family court
judges may also be established by law.
The supreme court of appeals shall have general supervisory
control over all family courts and may provide for the assignment
of a family court judge to another court for temporary service. The
provisions of section seven and eight of this article applicable to
circuit judges shall also apply to family court judges.
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. 1" and designated as
the "Unified Family Court Amendment" and the purpose of the
proposed amendment is summarized as follows: "To amend the
Constitution of West Virginia to permit the Legislature to
establish a unified system of family courts with jurisdiction over
family law and child welfare matters
.