HOUSE JOINT RESOLUTION NO. 110
(By Delegates G. White, Overington,
Stalnaker and Evans)
[Introduced February 22, 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 three, article eight thereof,
relating to the authority of the supreme court of appeals to
make rules of procedure, and providing that the Legislature
may amend such rules of procedure; 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
three, article eight thereof, be amended to read as follows:
ARTICLE VIII. THE JUDICIARY.
§3. Supreme Court of Appeals; Jurisdiction and Powers; Officers
and Employees; Terms.
The supreme court of appeals shall have original jurisdiction
of proceedings in habeas corpus, mandamus, prohibition and
certiorari.
The court shall have appellate jurisdiction in civil cases at
law where the matter in controversy, exclusive of interest and
costs, is of greater value or amount than three hundred dollars
unless such value or amount is increased by the Legislature; in
civil cases in equity; in controversies concerning the title or
boundaries of land; in proceedings in quo warranto, habeas corpus,
mandamus, prohibition and certiorari; and in cases involving
personal freedom or the constitutionality of a law. It shall have
appellate jurisdiction in criminal cases, where there has been a
conviction for a felony or misdemeanor in a circuit court, and such
appellate jurisdiction as may be conferred upon it by law where
there has been such a conviction in any other court. In criminal
proceedings relating to the public revenue, the right of appeal
shall belong to the State as well as to the defendant. It shall
have such other appellate jurisdiction, in both civil and criminal
cases, as may be prescribed by law.
The court shall have power to promulgate rules for all cases
and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice and procedure,
which shall have the force and effect of law. These rules may be
modified by the Legislature by a majority vote of the members
elected to each house.
The court shall have general supervisory control over all
intermediate appellate courts, circuit courts and magistrate
courts. The chief justice shall be the administrative head of all
the courts. He or she may assign a judge from one intermediate
appellate court to another, from one circuit court to another, or
from one magistrate court to another, for temporary service. The
court shall appoint an administrative director to serve at its
pleasure at a salary to be fixed by the court. The administrative
director shall, under the direction of the chief justice, prepare
and submit a budget for the court.
The officers and employees of the supreme court of appeals,
including the clerk and the law librarian, shall be appointed and
may be removed by the court. Their duties and compensation shall
be prescribed by the court.
The number, times and places of the terms of the supreme court
of appeals shall be prescribed by law. There shall be at least two
terms of the court held annually.
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, the proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Court Rules Oversight Amendment," and the purpose of the
proposed amendment is summarized as follows: "To amend the State
Constitution to grant the Legislature authority to modify rules of
procedure promulgated by the Supreme Court of Appeals."
NOTE: The purpose of this amendment is to grant the
Legislature authority to modify rules of procedure promulgated by
the Supreme Court.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.