HOUSE JOINT RESOLUTION NO. 2
(By Delegate Louisos)
(Introduced February 15, 2001; 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 two, 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 is
at stake.
Strike-throughs indicate language that would be stricken from
the present constitution, and underscoring indicates new language
that would be added.