"A Vote for Families"
When West Virginia voters go to the polls in November, they will have the opportunity to
vote on an amendment to the West Virginia Constitution which would create a unified family
court system. The passage of this amendment will have a profound effect on West Virginia
families. This amendment would create one court to hear all matters involving families
instead of our current system in which the same family might have to go before several
judicial decision makers.
Currently, the West Virginia Constitution allows for our unified state court system to
include the Supreme Court of Appeals, an intermediate appellate court (which does not
exist), circuit courts, and magistrate courts. The Supreme Court of Appeals supervises and
administers all of these courts.
Passage of the proposed family court amendment would create a new family court system
which would be part of our unified state court system. The proposed family courts would be
the first courts to hear family law and related matters. In the future, the Legislature
could pass laws to allow the family courts to hear other types of matters, such as probate
matters and child abuse and neglect cases.
Under the proposed amendment, the voters would elect family court judges for terms not to
exceed eight years. The Legislature would later establish the exact length of the terms
and whether the terms would be staggered, the number of family court judges, and the
number and divisions of the family court circuits.
Although the Legislature made many needed improvements to the family law system with
passage of the Family Law Bill in 1999, most decisions of family law masters are still
subject to circuit court approval. Further, under the new system, which creates a family
court division within the circuit court of each county, West Virginia's 33 family law
masters are currently appointed and supervised by circuit judges. In November 2002, law
masters will have to run in partisan elections for four-year terms.
To me, one of the most important aspects of the proposed unified family court system would
be increasing the types of matters that a family law judge could hear. Currently, family
law masters hear such matters as divorce, child custody, visitation, support, and
paternity. Under the 1999 law, they also can hold civil and direct contempt hearings. In
April 2001, family law masters will conduct full hearings on domestic or family violence
proceedings wherein a protective order is sought.
Recognizing that duplication of services is a waste of scarce resources and that families
could best be served by an all-inclusive system, the Commission on the Future of the West
Virginia Judiciary and the West Virginia Judicial Association endorsed the creation of a
unified family court system by endorsing an amendment on the November 1998 ballot which
would have allowed for its creation.
I believe the 1998 amendment failed because it did not specify what type of new courts the
Legislature could create. I also believe the amendment failed because the voters did not
understand what its passage would mean for West Virginia families.
I hope that history will not repeat itself in November 2000, and that the voters will be
fully informed about the family court amendment. I hope the voters think about what could
happen if the amendment fails.
Failure would mean a giant step backward for West Virginia children and families. Divorces
will take longer and cost more in terms of both money and misery. The resolution of
custody fights, visitation disputes, child support collection efforts, and similar heart
breaking issues all will be delayed and aggravated while children twist in the wind.
Simply put, if this amendment fails the people who really will suffer are West Virginia
children.