HOUSE JOINT RESOLUTION NO. 13
(By Delegate Louisos)
[Introduced January 22, 1999; referred to the Committee on
Constitutional Revision then the Judiciary]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirteen, article three thereof,
relating to providing that the right to a jury trial in
suits at common law as well as any state-sanctioned
administrative proceeding is preserved if the amount in
controversy exceeds one thousand dollars; 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 to 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 section thirteen, article three thereof, be amended to read as follows:
ARTICLE III. BILL OF RIGHTS.
§13. Right of jury trial.
In suits at common law, where the value in controversy
exceeds twenty one thousand dollars exclusive of interest and
costs, the right of trial by jury, if required by either party,
shall be preserved; and in such suit in a court of limited
jurisdiction a jury shall consist of six persons. No fact tried
by a jury shall be otherwise reexamined in any case than
according to rule of court or law. It is understood that this
provision applies to administrative proceedings.
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 "Right to Jury Trial in Controversies Involving in Excess of
One thousand Dollars Amendment" and the purpose of the proposed
amendment is summarized as follows: "To raise the threshold
amount in controversy from in excess of twenty dollars to in
excess of one thousand dollars in order to entitle one to the
right of a jury trial in a civil matter, including any state- sanctioned administrative proceeding."
NOTE: The purpose of this amendment is to raise the
threshold amount in controversy from in excess of twenty dollars
to in excess of one thousand dollars to entitle a person to a
jury trial in a civil matter. The need for the amendment is
reflected in the current value of United States currency relative
to the currency's value when the current constitutional provision
was adopted. The amendment further seeks to expand the right
enjoyed by private citizens to administrative proceedings in
which more than $1,000.00 is at stake.
Strike-throughs indicate language that would be stricken
from the present constitution, and underscoring indicates new
language that would be added.