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Supreme Court Page
starcl@mail.wvnet.edu www.state.wv.us/wvsca
For many folks, September is the start of a "New Year". For our Supreme Court, it is the beginning of our second, shorter Fall Term. For the Chief Justice, it is the time to assess the Court's activities of the last several months, and time to plan "wrap-up" activities for projects initiated during the year. When the Commission on the Future of the West Virginia Judiciary presented its final report to the Supreme Court on December 1, 1998, it actually handed us a work plan for several years. It became my chore (and pleasure) to see that as many of the recommendations as feasible were initiated. Permit me to report on a few. The Court authorized the creation of a Commission on Mental Hygiene Reform in February with the charge to review our State's quarter-century old mental hygiene laws in light of today's medical, social and scientific understanding of persons with mental illness. The Commission is chaired by Morgantown lawyer Bill Byrne. The full Commission met in April and again in June to evaluate the system as it stands now and to formulate its work plan. The Commissioners chose to break into three subcommittees to further study the issues and to make recommendations for the improvement of our mental hygiene system. Each subcommittee has a different focus. The first, chaired by Monongalia County Prosecutor Marcia Ashdown, has reviewed the standards and procedures used in civil commitment proceedings. The second, led by the Chair of WVU's Department of Behavioral Medicine and Psychiatry, Dr. Jim Stevenson, focused on the provision of services for persons who are mentally ill including the forensic (criminally mentally ill) population, children and substance abusers. And, the third subcommittee, under the leadership of Mental Hygiene Commissioner Henry W. "Bucky" Morrow, Jr., has grappled with issues of oversight, accountability, education and the use of technology. Each of the committees will submit recommendations for distribution to the full Commission this month. The Commission is scheduled to meet twice in October to review the work and to reach a consensus on a plan to improve the system. The Commission will issue its final report to the Supreme Court on December 10, 1999, and may include legislative proposals for the year 2000. In May, a group of West Virginians traveled to Washington D.C. and participated as the West Virginia Leadership Team at a national conference on Public Confidence and Trust in the Judiciary. The conference was sponsored by the American Bar Association and the National Conference of State Supreme Court Chief Justices. Our team included Senator Brooks McCabe, public television personality Beth Vorhees, Bar Presidents Elliott Hicks and Dan Ringer, Court Administrator James Albert and myself. Speakers at the conference included Chief Justice William H. Rehnquist, Justice Sandra Day O'Connor and former New York Governor Mario Cuomo. Inspired by efforts being made across the nation to increase the public's faith in their courts, our Leadership Team, with assistance from the planners of the national conference, will continue to meet through the end of this year to formulate and implement a plan designed to bring about better public understanding and impression of our bench and bar. In early June, the Court held its first Court Technology Summit. The day-long meeting was held at the Bell-Atlantic Knowledge Center in Charleston. The group of mostly court and corrections folks explored the many technology-related recommendations of the Commission on the Future of the West Virginia Judiciary and the onset of the West Virginia 2001 Courtroom of the Future Project. The list of exciting things the Court is doing with technology are too numerous to list. Check our website. Like the Commission on Mental Hygiene Reform, the members of the Technology Summit broke into subcommittees for the purpose of drafting comprehensive plans for the integration and coordination of technology within the judicial system. One subcommittee, chaired by Cabell County Chief Judge Dan O'Hanlon, is reviewing and working toward implementation of video conferencing technology between court users and with outside entities. The second, chaired by Raleigh County Chief Judge Robert A. Burnside, Jr., has formulated a system to facilitate and oversee statewide court Internet and Intranet access to court personnel. And, the third subcommittee, chaired by Chief Judge David H. Sanders from Berkeley County, has addressed the development of a plan to manage public access to court proceedings, dockets and other information and data. The Summit's subcommittee reports will be sent to the full membership early in October and finalized at a November meeting. The members of the Summit will issue their final implementation plan to the Supreme Court on December 13, 1999. We have also revived the Implementation Committee of the Task Force on Gender Fairness in the Courts. The group is working toward the implementation of the Task Force's recommendations that were presented to the Court in December 1996. The recommendations relate to five key areas: the court as a work environment, family law, domestic violence, criminal proceedings, and civil damage awards. The improvement of courts as a fair, non-discriminatory environment for all who practice, appear, or work in them has been a national goal for state court systems for over a decade. While there has been significant positive impact, we must continue our efforts on this front. The Committee has selected key projects to further our goals of which you will hear more about in the coming months. The Courts ADA and the Courts Committee held its fourth conference in August 1999 in Mineral Wells. The Court formed the Committee in response to the passage of the ADA in order to assess court compliance with the ADA, and to educate court personnel and county officials on how to make court programs accessible to everyone, including persons with disabilities. The past three conferences have focused on providing information to county officials on how to ensure that court facilities are accessible. This year's conference focused on how court personnel can ensure that court programs are accessible to persons with disabilities. In addition to the work of its ADA and the Courts Committee, our Supreme Court has taken steps to ensure that all persons, including those with disabilities, have access to Supreme Court facilities and programs. Recently, the Court added a map to its website showing persons with disabilities the best routes to access the Court's courtroom and Administrative Office. The website also provides information on the Court's ADA grievance procedure and on available accommodations. Another Futures Commission recommendation is being addressed by the Legislature with the creation of a Committee to Study Court Facilities. The committee is in the process of examining court facilities throughout the state and will be recommending methods to finance needed improvements. Judicial officers, county commissioners, legislators, and other county officials from around the state are serving on the committee. The work of the committee is particularly timely as we embark upon a new and expanded family court system, and with the addition of three new circuit judges. We all must work toward the development of sage and accessible work environments for our staffs, and for quality public service facilities so that we may better serve the citizens of West Virginia. Finally, in response to another Futures Commission recommendation, the Court is working with the Legislature in developing a Sentencing Commission to conduct research on sentencing trends, establish sentencing goals and policies, explore the use of effective intermediate sanctions, and evaluate the impact of changes in sentencing policies on correctional resources. I hope you had a pleasant summer and are ready to begin your "new year." The Court is.
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