HOUSE JOINT RESOLUTION NO. 103
(By Delegate Louisos)
(Introduced January 13, 2000; 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 III 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 III thereof, be amended to read as
follows:
ARTICLE III. BILL OF RIGHTS.
§13. Right of jury trial.
In suits at common law, and in any administrative proceeding,
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 or controversy in an
administrative proceeding 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.
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 is at stake.
Strike-throughs indicate language that would be stricken from the
present constitution, and underscoring indicates new language
that would be added.