WEST virginia legislature

2018 SECOND EXTRAORDINARY session

Introduced

Senate Joint Resolution 201

By Senators Woelfel, Unger, Baldwin, Beach, and Stollings

[Introduced August 20, 2018; Referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article VIII thereof, relating to the term length of Supreme Court justices; 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 2018, which proposed amendment is that section two, article VIII thereof be amended to read as follows:

ARTICLE VIII.

§2.  Supreme Court of Appeals.

The supreme court of appeals shall consist of five justices. A majority of the justices of the court shall constitute a quorum for the transaction of business.

The justices shall be elected by the voters of the state for a term of twelve eight years, unless sooner removed or retired as authorized in this article. The Legislature may prescribe by law whether the election of such justices is to be on a partisan or nonpartisan basis.

 Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. If the chief justice is temporarily disqualified or unable to serve, one of the justices of the court designated in accordance with the rules of the court shall serve temporarily in his or her stead.

 When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or of an intermediate appellate court to serve from time to time in his stead.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 3” and designated as the “Supreme Court Term Length Amendment” and the purpose of the proposed amendment is summarized as follows:  “Changing the term lengths of Supreme Court Justices from twelve to eight years.”

NOTE: The purpose of this resolution is to propose an amendment to the West Virginia Constitution to reduce the term lengths of Supreme Court justices.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.