Enrolled Committee Substitute
House Bill 2120 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2120
(By Delegates Boggs and Mahan)
[Passed February 19, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §8-10-2 of the Code of West Virginia,
1931, as amended, relating to prescribing minimum standards
for municipal judges; requiring criminal background checks of
persons applying for municipal judgeships; excluding persons
convicted of certain offenses from serving as municipal judge;
and requiring municipal judges receive continuing legal
training.
Be it enacted by the Legislature of West Virginia:
That §8-10-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2. Municipal court for municipalities.
(a) Notwithstanding any charter provision to the contrary, any
city may provide by charter provision and any municipality may
provide by ordinance for the creation and maintenance of a
municipal court, for the appointment or election of an officer to be known as municipal court judge and for his or her compensation,
and authorize the exercise by the court or judge of the
jurisdiction and the judicial powers, authority and duties set
forth in section one of this article and similar or related
judicial powers, authority and duties enumerated in any applicable
charter provisions, as set forth in the charter or ordinance.
Additionally, any city may provide by charter provision and any
municipality may provide by ordinance, that in the absence of or in
the case of the inability of the municipal court judge to perform
his or her duties, the municipal court clerk or other official
designated by charter or ordinance may act as municipal court
judge: Provided, That the municipal court clerk or other official
designated by charter or ordinance to act as municipal court judge
shall comply with the requirements set forth in subsections (b) and
(c) of this section, as well as any other requirements that the
city by charter provision or the municipality by ordinance may
require.
(b) Any person who makes application for appointment to, or
who files to become a candidate in any election for municipal
judge, shall first submit to a criminal background check, to be
conducted by the State Police. The cost of the criminal background
check shall be paid by the applicant or candidate. The result of
each background check conducted in accordance with this section
shall be forwarded to the municipal court clerk or recorder whose
duty it is to review the results and confirm the eligibility of the
applicant or candidate to serve as a municipal judge. No person convicted of a felony or any misdemeanor crime set forth in
articles eight, eight-A, eight-B, eight-C or eight-D, chapter
sixty-one, of this code is eligible to become a municipal judge.
(c) Any person who assumes the duties of municipal court judge
who has not been admitted to practice law in this state shall
attend and complete the next available course of instruction in
rudimentary principles of law and procedure. The course shall be
conducted by the municipal league or a like association whose
members include more than one half of the chartered cities and
municipalities of this state. The instruction must be performed by
or with the services of an attorney licensed to practice law in
this state for at least three years. Any municipal court judge
shall, additionally, be required to attend a course, on an annual
basis for the purpose of continuing education: Provided, That the
forgoing additional education requirement does not apply to
municipal judges who are attorneys admitted to practice in this
state. The cost of any course referred to in this section shall be
paid by the municipality that employs the municipal judge.
(d) Only a defendant who has been charged with an offense for
which a period of confinement in jail may be imposed is entitled to
a trial by jury. If a municipal court judge determines, upon
demand of a defendant, to conduct a trial by jury in a criminal
matter, it shall follow the procedures set forth in the rules of
criminal procedure for magistrate courts promulgated by the Supreme
Court of Appeals, except that the jury in municipal court shall
consist of twelve members.