Rejected by House 3-18-2013
HCR44 HFA Armstead 3-15
Delegates Armstead, O'Neal, Lane and Sobonya move to amend the
resolution on Page 1, line 8, by striking the resolution and
inserting in lieu thereof the following:
Requesting the Joint Committee on Government and Finance study the
effectiveness and efficiency of the Supreme Court Rules on the
Appeals process in West Virginia and the need for any
additional steps to ensure the effectiveness and accessibility
of the appellate process.
Whereas, The United States Constitution and the West Virginia
Constitution provide that each citizen is guaranteed a fair hearing
in the courts of this nation; and
Whereas, There has been a review of West Virginia courts by
commissions appointed by the executive branch of government; and
Whereas, As a result of concerns relating to West Virginia's
appeals process, in December, 2011, the West Virginia Supreme Court
adopted new appellate rules relating to judicial review and
written decisions on each appeal filed with that court; and
Whereas, Some citizens and entities continue to express a
belief that West Virginia's courts are unfair to litigants and are
harmful to the business climate in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effectiveness and efficiency of the Supreme
Court Rules on the appeals process in West Virginia and the need
for any additional steps to ensure the effectiveness and
accessibility of the appeals process including the possible
creation of an intermediate court of appeals; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature on the first day of the regular
session, 2014, on its findings, conclusions and recommendations
together with drafts of any legislation to effectuate its
recommendations in order to make certain that West Virginia's
judicial system is fair in its procedures and processes for
citizens and businesses; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.