H. J. R. 30
(By Delegates Fleischauer, Kominar, Leach,
Pino, Houston and Overington)
(Originating in the Committee on Constitutional Revision)
[March 3, 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 the
authority of the Legislature to create a family court of
original jurisdiction; permitting the legislature to determine
the jurisdiction of family courts; providing for the election
of family court judges; requiring family court judges to
reside in the circuits for which they are elected; 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 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, 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 a unified family court system in the
state of West Virginia to resolve family law matters. Family
courts have original jurisdiction of family law cases as may
hereafter be established by law including adoption, divorce, child
custody, child support, alimony, separate maintenance, equitable
distribution of property, child visitation, abuse and neglect, and
juvenile delinquency proceedings. Family courts may also have such
further jurisdiction as established by law.
Family court judges shall be elected by the voters for a term
of eight years, unless sooner removed or retired as authorized in
this article, and shall reside in the circuit for which they are
elected. Family court judges must be admitted to practice law in
this state for at least five years prior to their election.
The number of family court judges, the number of family court
circuits and the arrangement of circuits may 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 law courts and may provide for the division
of the business of the family court judges in those circuits where
there is more than one family court judge in order to promote and
secure the convenient and expeditious transaction of such business.
The supreme court of appeals may also assign a family court judge
from one family court circuit to another for temporary service.
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 original
jurisdiction over family law matters in lieu of the current family
law master system."