HOUSE JOINT RESOLUTION NO. 103

(By Delegates Dempsey (By Request), and Butcher)

[Introduced February 4, 2002; referred to the

Committee on Constitutional Revision then the Judiciary.]


Proposing an amendment to the Constitution of the State of West Virginia, amending section ten, article eight thereof, relating to changing the name of magistrates to magistrate circuit judges; 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 four, which proposed amendment is that section ten, article eight thereof be amended, to read as follows:
ARTICLE VIII. JUDICIAL POWER
§10. Magistrate Circuit Courts
 The Legislature shall establish in each county a magistrate circuit court or courts with the right of appeal as prescribed by law. Such courts shall be courts of record if so prescribed by law and those holding the magistrate circuit court's judicial office shall be referred to as magistrate circuit judges.
The Legislature shall determine the qualifications and the number of magistrates magistrate circuit judges for each such court to be elected by the voters of the county, and the Legislature may prescribe by law whether the election of such magistrates magistrate circuit judges is to be on a partisan or nonpartisan basis: Provided, That any person in office as a justice of the peace of this state on the effective date of this article and who has served as a justice of the peace of this state for at least one year prior to such effective date shall, insofar as any qualifications established by the Legislature for the office of magistrate are concerned and notwithstanding the same, be deemed qualified for life to run for election as a magistrate circuit judge of any such court: And provided further, That the Legislature shall not have the power to require that a magistrate circuit judge be a person licensed to practice the profession of law, nor shall any justice or judge of any higher court establish any rules which by their nature would dictate or mandate that a magistrate circuit judge be a person licensed to practice the profession of law. The magistrates magistrate circuit judges of such courts shall hold their offices for the term of four years unless sooner removed or retired as authorized in this article. The Legislature shall also determine the number of officers to be selected for each such court and the manner of their selection. During his continuance in office a magistrate circuit judge or officer of such a court shall reside in the county for which he is elected or selected. The Legislature shall prescribe by law for the filling of any vacancy in the office of a magistrate circuit judge or officer of such court.
The jurisdiction of a magistrate circuit court shall extend throughout the county for which it is established, shall be uniform for all counties of the state and shall be subject to such regulations as to venue of actions and the counties in which process may be executed or served on parties or witnesses as may be prescribed by law. The times and places for holding such courts shall be designated or determined in such manner as shall be prescribed by law.
Magistrate circuit courts shall have such original jurisdiction in criminal matters as may be prescribed by law, but no person shall be convicted or sentenced for a felony in such courts. In criminal cases, the procedure may be by information or warrant of arrest, without presentment or indictment by a grand jury. Such courts shall have original jurisdiction in all civil cases at law wherein the value or amount in controversy, exclusive of interest and costs, shall not exceed fifteen hundred dollars, unless such amount and value shall be increased by the Legislature, except such civil matters as may be excluded from their jurisdiction by law; and, to the extent provided by law, in proceedings involving real estate when the title thereto is not in controversy. No judgment of a magistrate circuit judge in any proceeding involving real estate or any right pertaining thereto shall bar the title of any party or any remedy therefor.
The division of the business of a magistrate circuit court in any county in which there shall be more than one magistrate circuit judge of such court between the magistrates magistrate circuit judges thereof so as to promote and secure the convenient and expeditious transaction of such business shall be determined in such manner or by such method as shall be prescribed by the judge of the circuit court of such county, or the chief judge thereof, if there be more than one judge of such circuit court.
In a trial by jury in a magistrate circuit court, the jury shall consist of six jurors who are qualified as prescribed by law.
No magistrate circuit judge or any officer of a magistrate circuit court shall be compensated for his services on a fee basis or receive to his own use for his services any pecuniary compensation, reward or benefit other than the salary prescribed by 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 "Magistrate Circuit Judge Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to the extent magistrates are renamed "magistrate circuit judges."


NOTE: The purpose of this bill is to change the name of Magistrates to Magistrate Circuit Judges.
Strike-throughs indicate language that would be stricken from the present constitution, and underscoring indicates new language that would be added.