Introduced Version
House Concurrent Resolution 44 History
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Key: Green = existing Code. Red = new code to be enacted
HOUSE CONCURRENT RESOLUTION NO.44
(By Mr. Speaker, Mr. Thompson, and Delegates Boggs, Ashley,
Caputo, Craig, Ellem, Manchin, Miley, Morgan, Pasdon, D. Poling,
Skaff, P. Smith, Stowers, Swartzmiller and White)
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.
Whereas, The United States Constitution and the WV 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 the criticism that West Virginia did
not have a fair court process in that West Virginia was a
discretionary appeal jurisdiction, the West Virginia Supreme Court
in December of 2011 adopted new appellate rules to provide review
and a written decision on each appeal filed with that court; and
Whereas, Critics outside the State of West Virginia continue to
alleged that West Virginia courts are not fair and are perceived to
be unfair to litigants and harms 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, 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 process for West
Virginia 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.