Helping West Virginia families will be among the West Virginia court system’s most important goals in 2001. As many have said, the transition to our new family court system is the most significant challenge facing our court system this year.

      As chief justice for 2001, I can assure you that the Supreme Court is working hard to help the Legislature meet the challenge and opportunity presented by the passage of the Family Court Amendment in November.

      The Family Court Amendment, which voters passed by a 73 percent margin, allows the Legislature to expand the types of cases family law masters hear and elevate their powers to those of full-fledged judges. Under the current system, West Virginia’s 33 family law masters hear such matters as divorce, child custody, visitation and support. Beginning in April, law masters are scheduled to begin hearing domestic violence cases in which a final protective order is sought. These cases are currently heard by magistrates. Supporters say the Family Court Amendment passed because of concern that the law masters’ limited jurisdiction and the need for circuit court review of most law master decisions extends the time the case is pending before the court.

      To help the Legislature define the structure of the new family court system, the Supreme Court has appointed a 17-member Family Court Legislative Committee. The Committee is preparing recommendations for the Court to present to the Legislature during the 2001 Legislative Session that began February 14. The Committee also will work with the Court to respond to proposed family court structure legislation throughout the session and eventually will monitor the implementation of the family court system.

      The creation of a new family court system will be a gradual process. We will have to make sure we put one foot in front of the other before we start to run. We do not have enough law masters and staff and appropriate facilities for the Legislature to change the system in one session. I am especially concerned that the work load we could shift from 156 magistrates and 65 circuit judges might overwhelm our 33 family law masters. We must make certain that family law masters, of whom we will ask much, receive the staff and resources to perform the tasks we demand of them.

      Despite the challenge, I am confident that because so many West Virginians from all walks of life care deeply about this issue, our family courts will dramatically improve.

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