WeVote
Log In

Bill

Bill

HB 2028

Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions

2025 Regular Session Introduced by Jim Butler

House Bill 2028 allows West Virginia's Intermediate Court of Appeals to quickly resolve constitutional questions, streamlining judicial processes and enhancing efficiency.

To House Judiciary
#courts
0
WeVote Research Nonpartisan
Bill Summary · HB 2028

Summary of House Bill 2028

Bill Number: HB 2028
Title: Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions
Status: To House Judiciary
Introduced: January 16, 2025
Classification: Bill
Subject: Courts

Purpose and Intent

House Bill 2028 aims to enhance the judicial process in West Virginia by granting the Intermediate Court of Appeals the authority to hear certified questions regarding the constitutionality of state statutes, rules, or executive orders. This legislative change is intended to expedite the resolution of constitutional issues that arise during legal proceedings, ensuring that such matters are addressed promptly by the appellate court.

Key Provisions

The bill includes several important provisions:

  1. Jurisdiction Expansion:

    • The Intermediate Court of Appeals will have the authority to answer certified questions related to the constitutionality of state laws and executive actions.

  2. Filing Process:

    • A party involved in a circuit court case can file a motion to the Intermediate Court of Appeals within 60 days of raising a constitutional issue. This motion must include:
      • A concise statement of the constitutional question.
      • An answer to the question proposed by the party.

  3. Service Requirements:

    • The party filing the motion must serve copies to all parties involved in the case, as well as the circuit court's clerk and judge.

  4. Stay of Circuit Court Proceedings:

    • Upon filing a motion for a certified question, the circuit court must halt further action in the case until the Intermediate Court of Appeals has addressed the question, unless given specific permission to proceed.

  5. Binding Decisions:

    • The answers provided by the Intermediate Court of Appeals will be binding on the parties and the circuit court from which the question originated.

  6. Appeal Process:

    • Parties may appeal any adverse decision made by the Intermediate Court of Appeals to the Supreme Court of Appeals.

Impact

This bill is expected to streamline the judicial process by allowing for quicker resolution of constitutional questions, which can often delay proceedings in lower courts. By providing a clear pathway for addressing these issues, the bill aims to enhance judicial efficiency and ensure that constitutional matters are adjudicated by the appropriate appellate court.

Procedural Aspects

  • The bill was introduced on January 16, 2025, and is currently under consideration by the House Judiciary Committee.
  • The timeline for further actions will depend on the committee's review and subsequent legislative processes.

This summary provides an overview of House Bill 2028, highlighting its purpose, key provisions, and potential impact on the judicial system in West Virginia.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.