Mannix Porterfield
CHARLESTON — Senate Judiciary Chairman Jeffrey Kessler is suffering no illusions about seeing an intermediate court of appeals ready for business by spring time.
Fact is, shortly after his bill was introduced, Kessler voiced doubts it would clear the two chambers before this session ends March 13.
“I’m not unrealistic as to whether or not the bill is going to fly out of here in the next 26 days and become law by the end of the year,” Kessler, D-Marshall, said.
“I think it will certainly give us a vehicle to have some debate on the subject.”
Kessler’s measure follows the recommendation of a special commission on judicial reform that Gov. Joe Manchin formed last year.
Kessler noted his proposed mid-level court would have to pass through two committees apiece in both the Senate and House of Delegates, and time likely is too short.
“I know the (Supreme) court is aggressively pursuing rules that they think will be a fix to the complaint that we don’t have sufficient opinions written on cases that are turned down and an explanation as to why,” he said.
“In the next six months, we’ll see what they come up with.”
Kessler said he has done as much as possible to get the legislation out.
“This will at least send a message that the Legislature is actively involved in the consideration of this issue as well,” he said.
“If there continues to be an outcry and demand for an intermediate appellate court to address the legitimate needs of the people of this state, then we’ll have a vehicle in place to go forward with.”
The Senate chamber, meantime, turned its attention to a spirited, 45-debate on a motion to send a bill expanding the scope of practice by optometrists.
Generally, dishing a bill off to another committee this late in a session sounds its death knell.
Sen. Roman Prezioso, D-Marion, assured senators this wasn’t the case, saying the bill wouldn’t “be there to die.”
A voice vote was difficult to decide, so Senate President Earl Ray Tomblin, D-Logan, asked both sides to stand up and be counted.
The motion by Sen. Evan Jenkins, D-Cabell, lost, despite his lengthy argument in support, declaring at one point, “This is not about policy. It’s about process.”
Fought strongly by ophthalmologists, the bill exited the Government Organization Committee, chaired by Sen. Ed Bowman, D-Hancock.
Bowman arduously opposed Jenkins’ motion, recounting the lengthy process his panel accorded the bill.
Afterward, he disputed a contention by Jenkins that the move could set precedence by letting a bill’s supporters hand-pick the committee it wants to vote on it.
“It’s not something new,” Bowman said. “All you have to do is the research.”
In fact, the senator said, his committee has dealt with various “scope of practice” issues affecting a number of professions.
Bowman said his committee spent nearly a month on the bill and noted six members also serve on the Health and Human Resources Committee, the destination Jenkins had in mind.
“Everything was done through a consensus,” Bowman said.
“As a matter of fact, I moved off the language two or three times because of additional information we had.”
The bill is intended to let qualified optometrists perform new services, such as certain injections.
Ophthalmologists contend the expansion would put the health of some West Virginians at risk, arguing that optometrists aren’t qualified to perform the procedures.
— E-mail: mannix@register-herald.com
