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03/10/2010
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Business Court Division Bill Gets Senate Approval
MetroNews
Charleston, Kanawha County

The Legislature has cleared the way for the creation of a Business Court Division within West Virginia's busiest circuit courts.

The Senate approved the legislation on Wednesday.  The House of Delegates must now concur with the changes the Senate made in order to send the bill to Governor Joe Manchin's desk.

"I think it's a good step.  I think it's a positive step and, I think, if it changes a perception of only a few folks that might increase additional investment in the state, it's well worth it," says Senate Judiciary Committee Chair Jeff Kessler.

As part of the bill, the courts in West Virginia that handle the most cases will be able to create separate and specialized dockets to deal with cases that involve highly technical commercial issues.

House Speaker Rick Thompson has been one of the main sponsors of the legislation.  He says, because issues of contractual interpretations, stockholder disputes and others are so complicated, they often end up spending a lot of time languishing in the court system.

Senator Kessler says this would change that using what's already in place.

"I don't see that it is going to create any new staffing (needs), any new courthouses to be built.  They would hear the cases in the existing, same courthouses, same court personnel," he says.

"You would just have a judge who's identified as somebody who would focus and, maybe, specialize, have additional training in business issues."

As proposed, it would be up to the state Supreme Court to establish the Business Court Divisions.

"What do we have to lose by trying it?" Senator Kessler asked.  "If we try it and it doesn't work, what are we out?  It doesn't cost us any money and, if it does change a perception at no cost, it would potentially be invaluable."


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