H. B. 212
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced July 17, 2010; referred to the
Committee on Judiciary.]
A BILL to amend and reenact §51-2A-16 of the Code of West Virginia,
1931, as amended, relating to family court appellate
procedures; removing sunset provisions regarding appeal of
family court decisions; and applying amendments to section
Be it enacted by the Legislature of West Virginia:
That §51-2A-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
Expiration of appellate procedures; exceptions; Report
requirements on appellate procedures.
(a) The provisions of sections eleven, twelve, thirteen,
fourteen and fifteen of this article shall expire and be of no
force and effect after June 30, 2010, except as otherwise provided
by subsection (b) of this section.
(b) Appeals that are pending before a circuit court or the
Supreme Court of Appeals on the thirtieth day of June, two thousand
ten, but not decided before the first day of July, two thousand
ten, shall proceed to resolution in accordance with the provisions
of sections eleven, twelve, thirteen, fourteen and fifteen of this
article, notwithstanding the provisions of subsection (a) of this
section that provide for the expiration of those sections. The
Supreme Court of Appeals shall, by rule, provide procedures for
those appeals that are remanded but not concluded prior to the
first day of July, two thousand ten, in the event that the appeals
process set forth in sections eleven, twelve, thirteen, fourteen
and fifteen of this article is substantially altered as of the
first day of July, two thousand ten.
(c) (a) Prior to the 2008 regular session of the Legislature
and annually thereafter, the Supreme Court of Appeals shall report
to the Joint Committee on Government and Finance the number of
appeals from final orders of the family court filed in the various
circuit courts and in the Supreme Court of Appeals, the number of
pro se appeals filed, the subject matter of the appeals, the time
periods in which appeals are concluded, the number of cases
remanded upon appeal and such other detailed information so as to
enable the Legislature to study the appellate procedures for family
court matters and to consider the possible necessity and
feasibility of creating an intermediate appellate court or other system of appellate procedure.
(b) The amendments to this section in the second extraordinary
session of the Legislature in 2010 shall apply retroactively so
that the provisions of sections eleven, twelve, thirteen, fourteen
and fifteen of this article shall be construed as if they did not
expire after June 30, 2010.
NOTE: The purpose of this bill is to remove the sunset
provision regarding family court appeals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would