NCJ Number
54030
Journal
West Virginia Law Review Volume: 79 Issue: 2 Dated: (1977) Pages: 304-337
Date Published
1977
Length
33 pages
Annotation
THE PROVISIONS OF THE JUDICIAL REORGANIZATION AMENDMENT TO THE WEST VIRGINIA CONSTITUTION ARE EXAMINED SECTION BY SECTION, THEIR IMPLEMENTATION IS DISCUSSED, AND SUGGESTIONS FOR EFFECTIVE ADVOCACY ARE MADE.
Abstract
CENTRAL TO THIS AMENDMENT IS THE UNIFICATION OF THE LOWER STATE COURTS UNDER THE GENERAL SUPERVISION OF THE SUPREME COURT OF APPEALS OF WEST VIRGINIA. THIS REORGANIZATION ELIMINATES THE SYSTEM OF JUSTICE OF THE PEACE COURTS USED IN THE VIRGINIAS SINCE 1661. THE LEGISLATIVE IMPLEMENTATION OF A NEW MAGISTRATE COURTS SYSTEM IS EXAMINED, DIFFERENCES BETWEEN THE JUSTICE OF THE PEACE AND THE MAGISTRATE SYSTEM ARE DISCUSSED, AND RECOMMENDATIONS ARE MADE. THIS DISCUSSION IS ORGANIZED IN ACCORDANCE WITH THE SECTIONS OF THE REORGANIZATION AMENDMENT AND COVERS THE FOLLOWING: CIVIL JURISDICTION; VENUE; CRIMINAL JURISDICTION; COSTS, FINES, AND RECORDS; PRETRIAL PROCEDURES INCLUDING COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS, RETURN IN CIVIL ACTIONS, AND COUNTERCLAIMS; JUDGMENT BEFORE TRIAL; DISMISSALS; REMOVAL TO CIRCUIT COURT OR ANOTHER MAGISTRATE; AND DISMISSAL FOR LACK OF JURISDICTION. THE DISCUSSION OF CRIMINAL CASES INCLUDES COMMENCEMENT IN GENERAL, APPOINTMENT OF COUNSEL, DISMISSALS FOR LACK OF JURISDICTION, AND TRIALS, HEARINGS, AND APPEALS. THE CONTROL OF THE LOWER COURTS BY THE SUPREME COURT OF APPEALS IS EXPECTED TO RESULT IN BETTER QUALIFIED JUDGES, TRAINING FOR JUDGES, AND UNIFORM STANDARDS OF JUSTICE. FOOTNOTES CONTAIN NUMEROUS CASE CITATIONS, REFERENCES TO OTHER SECTIONS OF THE WEST VIRGINIA CODE, AND FURTHER DISCUSSION OF THE AMENDMENT. (GLR)