West Virginia: constitutional amendment to give legislature power over judiciary’s budget clears House committee; specific language denying legislature ability to financially punish courts for their decisions at issue

I mentioned that West Virginia is unique among all states in that the judiciary’s budget request to the legislature cannot be reduced. The West Virginia House and Senate appear to be disagreeing over how to re-assert legislative power in this area while ensuring courts aren’t punished financially for their decisions.

The current constitutional language provides

The Legislature shall not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein. Provided, That no item relating to the judiciary shall be decreased

SJR 3 as introduced would have reasserted legislative control, striking the “That no item relating to the judiciary shall be decreased” language.

SJR 3 as approved by the Senate Judiciary committee struck the language, but added a protection.

Provided, That the Legislature may not condition the increase or decrease of an item relating to the judiciary upon a particular ruling, order or decision of a court of this state.

SJR 3 as approved by the Senate Finance committee changed the wording further still (emphasis added

Provided, That the Legislature may not make any law that conditions the increase or decrease of an item relating to the judiciary upon a particular ruling, order, or decision of a court of this state.

That language was approved by the full Senate.

However, the House Finance committee yesterday appears to have reverted the wording back to the Senate Judiciary version.

Provided, That the Legislature may not condition the increase or decrease of an item relating to the judiciary upon a particular ruling, order or decision of a court of this state.

SJR 3 now goes to the House Judiciary Committee.