Tag: West Virginia Legislature

Senators Work to Realigin Magistrate Court System

The study came as a companion to a bill approved during the 2013 legislative session. That bill gave pay raises to some magistrates in smaller counties.

Conducted by the National Center on State Courts, the results of the study were presented during January interim meetings, just a day before the legislative session began.

The NCSC presented three options to reduce the overall number of magistrates, keeping the current county based system, aligning it with the circuit courts, or aligning with the regional jail system.

In the originating bill, Senators proposed keeping the current county system in place, but reducing the overall number from 158 to 149 and reassigning some positions to counties that have larger workloads, like Berkeley and Kanawha.

Overall, the county system reduces the system by the least number of magistrates, but members of the committee tried to amend the bill Sunday evening by taking out any mention of reductions.

Sen. Bob Beach of Monongalia County attempted to make the change, but his amendment failed even after receiving bi-partisan support.

The bill in its original form was approved and moves to the Senate Finance Committee for further consideration. 

W.Va. Senate Passes Bill Allowing Consumption of Raw Milk

West Virginia senators have narrowly approved a bill letting people drink raw milk through animal herd sharing agreements.

On Friday, the Senate voted 18-16 to approve the measure. Sen. Tom Takubo, a doctor, was the lone dissenting Republican vote. Sen. Bob Williams was the only Democrat voting in favor.

The bill wouldn’t allow retail sales of raw milk.

Instead, it would require filling out a contract of ownership for milk-producing animals. The person consuming the raw milk would have to sign a form acknowledging health risks.

Federal officials have warned of health risks when children, the elderly and pregnant women consume raw milk.

The bill next moves to the House of Delegates for consideration.

Senate Approves Bill Creating Nonpartisan Judicial Elections

Senators approved House Bill 2010 Friday, creating the nonpartisan election of judges at all levels in West Virginia. The new election process would begin…

Senators approved House Bill 2010 Friday, creating the nonpartisan election of judges at all levels in West Virginia. The new election process would begin in 2016 and include all levels from Supreme Court Justices down to county magistrates. 

Senate Judiciary Chair Charles Trump said on the floor of the Senate before the vote West Virginia is one of only six states in the country that still holds partisan judicial elections and the time has come for the state to make the chance.

“I contend that whether a person is a Republican or Democrat, or a Whig or a Libertarian, or whatever, tells us really nothing about whether that person possess the qualities and characteristics that we seek and desire in those who hold judicial office in West Virginia,” Trump said.

Senator Mike Romano of Harrison County said he neither supports nor opposes the bill because he doesn’t think it gets to the core of the issue with elections. That issue is campaign financing. 

“The time has come to look at public financing for our judges,” Romano said. “It’s worked well in our Supreme Court and it does take some of the influence of big money out of the most important office in our state.”

Members of the chamber approved the bill 33 to 1.

Senator Ron Miller of Greenbrier County voted against the bill, he said, because a judge in his district strongly opposed the bill.

The bill now goes back to the House for members to consider some Senate amendments.

Senate Approves Non-Partisan Election of Judges

At the legislature today, with three weeks left in this session, the Senate suspended the constitutional rule that bills be read on three separate days to quickly move legislation to the house.  In the House, the Government Organization committee has rejected a bill that would give County Commissions the authority to pass smoking regulations.  These stories and more legislative news coming up on The Legislature Today. 

Sen. Manchin Endorses Prevailing Wage Compromise

At the legislature today, Senators reconsider a vote that killed one of the Republican majority’s legal reform bills. That bill now makes its way to the House and a special report on the state of water infrastructure in southern West Virginia on The Legislature Today.

Senators Approve Bill to Cap Punitive Damages After Failed Vote

Senators reconsidered a bill Thursday that previously would have capped the punitive damages awarded in a civil lawsuit and also give the state a portion…

Senators reconsidered a bill Thursday that previously would have capped the punitive damages awarded in a civil lawsuit and also give the state a portion of the award. Wednesday, two Republican Senators voted against the measure.

The bill as originally considered would have capped the punitive damages a jury could award at three times compensatory damages won in a case or $500,000, whichever is greater.

It also included a provision to give one third of any award over the half million dollar threshold to the state to deposit in the Rainy Day Fund. Senator Chris Walters disagreed with that portion of the bill and voted against it

Democratic Senator Corey Palumbo and Senate Judiciary Chair Charles Trump, a Republican, came up with a compromise overnight which they presented to the full chamber Thursday. 

The amendment adjusted would adjust the cap in from three  to four times compensatory damages and removed the state share of a punitive damages award.

The changes were adopted and the bill approved 26 to 8 with only Democrats voting against it.

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