Following from Wheeling News-Register, February 17, 1999: DOMESTIC RELATIONS BILL TAKES FIRST STEP CHARLESTON, WV (AP) - A proposed family court system is a misnomer because it would really be a divorce court, says a delegate who unsuccessfully tried to expand its jurisdiction. Delegate Larry Rowe on Monday tried to get the House Judiciary Committee to allow proposed family law judges to consider child abuse and elder abuse cases now heard by circuit judges. The bill the committee endorsed calls for family court judges to hear child support, child custody, visitation, paternity, alimony and final hearings on petitions for domestic violence orders. Family court judges also could find people in contempt of court. The bill would replace the state's 14 full-time and 13 part-time law masters with 35 full-time family court judges. "It is now a family court in name only. It is only a divorce court," said Rowe, D-Kanawha. But Delegate Rusty Webb, R-Kanawha, said if the workload was increased, the new system develop the same backlogs and delays now facing family law masters. Delegate Arley Johnson said the family court's jurisdiction could be expanded if a constitutional amendment passes in 2000. "I see what we're doing here as an experiment. We hope it's a good . Right now we don't know if it will work," said Johnson, D-Cabell. Lawmakers say they are trying to structure the family court so it could be easily separated from the circuit courts if voters approve a constitutional amendment in 2000. The amendment would allow the Legislature to set up a separate court system with elected family court judges. Voters rejected such an amendment in November. In the meantime, family court judge applicants would be screened by a citizen panel. Panelists would have backgrounds in domestic law or family counseling. Circuit judges would appoint the family court judges from a list prepared by the panel. No more than three of the panel's five members could be from the same political party. Law masters are now appointed by the governor. The bill also would establish a three-judge panel to hear complaints about family court judges. The provision was added in response to complaints that law masters are not accountable to the public. Decisions could be appealed to the state Supreme Court. To pay for the new expanded system, the bill would raise several court fees. It would increase the marriage license fee from $23 to $50; the filing fee for any type of civil case also would increase from $75 to $125 and the fee for petitions to appoint guardians and conservators would go from $70 to $125. The bill also would impose a first-ever fee of $50 on petitions filed to modify child support, child custody, visitation or alimony. Critics have said the current system alows people unlimited, lifetime access to the courts when they pay a one-time divorce filing fee. The fees would raise about $4 million of the $5 million needed to operate the new system, according to the committee's staff. The bill, which does not yet have a number, was sent to the House Finance Committee. House and Senate judiciary subcommittees plan to meet this week to work on other domestic relations laws. END Joe Cumblidge 4F/Fathers Fighting For Fairness/West Virginia https://members.tripod.com/~JoeCumblidge/Fathers.html |