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."