W. Va. Supreme Court Opinion MLP

RE:         APPOINTMENTS TO THE MASS LITIGATION PANEL, REQUEST FOR PROPOSED RULES

            WHEREAS, Pursuant to Rule 26.01(a) of the West Virginia Trial Court Rules, duly adopted by the Supreme Court of Appeals, the Chief Justice, with the approval of the full Court, shall appoint six active or senior status circuit judges to serve on the Mass Litigation Panel for a term of three years, two to be appointed each year; and

            WHEREAS, Pursuant to Rule 26.01(a), the Chief Justice shall also annually designate one of the members of the Panel to serve as its chairman; and

             WHEREAS, The three-year term of the Honorable Arthur M. Recht, Judge of the First Judicial Circuit, and the Honorable Gary L. Johnson, Judge of the Twenty-Eighth Judicial Circuit, expires on June 30, 2007; and

            WHEREAS, Rule 26.01(b)(4) imposes a responsibility upon the Panel to recommend rules for adoption by the Supreme Court of Appeals for conduct of the business of the panel;

            IT IS HEREBY ORDERED, That the Honorable James P. Mazzone, Judge of the First Judicial Circuit, and the Honorable Derek C. Swope, Judge of the Ninth Judicial Circuit, be appointed to serve terms on the Mass Litigation Panel from July 1, 2007, through June 30, 2010; and

            IT IS FURTHER ORDERED, That the Honorable Arthur M. Recht, Judge of the First Judicial Circuit, and the Honorable Gary L. Johnson, Judge of the Twenty-Eighth Judicial Circuit, shall continue to preside over any pending matters assigned to them, and may further be recalled to render assistance and expertise to the Panel from time to time in the future when so requested by the Chairman of the Mass Litigation Panel and approved by the Chief Justice; and

            IT IS FURTHER ORDERED, That the Honorable Alan D. Moats, Judge of the Nineteenth Judicial Circuit, be appointed to serve as Chairman of the Mass Litigation Panel from July 1, 2007 through June 30, 2008;

            IT IS FINALLY ORDERED, That the Chairman forthwith establish a committee to draft proposed rules for consideration by the Supreme Court for the conduct of the business of the Panel;

            IT IS FURTHER ACKNOWLEDGED, That the Mass Litigation Panel members and the expiration dates of their terms shall now be as follows:

      The Honorable Alan D. Moats (Chairman)                June 30, 2008
      Judge of the Nineteenth Judicial Circuit
      The Honorable John A. Hutchison                              June 30, 2008
      Judge of the Tenth Judicial Circuit
      The Honorable Booker T. Stephens                           June 30, 2009
      Judge of the Eighth Judicial Circuit
      The Honorable Jay M. Hoke                                       June 30, 2009
      Judge of the Twenty-Fifth Judicial Circuit
      The Honorable Derek C. Swope                                 June 30, 2010
      Judge of the Ninth Judicial Circuit
      The Honorable James P. Mazzone                             June 30, 2010
      Judge of the First Judicial Circuit




ENTERED: July 10, 2007