This bill amends the Code of West Virginia to grant the Intermediate Court of Appeals the jurisdiction to hear certified questions regarding the constitutionality of state statutes, rules, or executive orders. Specifically, it adds a new section, 58-5-8, which allows parties in circuit court cases to seek an expedited response from the Intermediate Court of Appeals on constitutional issues that arise during their proceedings. The bill outlines the process for filing such motions, including the requirement for a concise statement of the constitutional questions and the necessity to serve all relevant parties, including the Attorney General if the state is not a party to the case.

Additionally, the bill modifies existing law by removing the prohibition against the Intermediate Court of Appeals hearing certified questions of law, thereby enabling it to address these constitutional inquiries. The legislation emphasizes the importance of timely judicial determinations on constitutional matters of statewide concern and establishes that the answers provided by the Intermediate Court of Appeals will be binding on the parties involved and the circuit court. The procedures for handling these certified questions will adhere to the rules of appellate procedure set forth by the Supreme Court of Appeals.

Statutes affected:
Introduced Version: 51-11-4, 58-5-8