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
.