ENGROSSED
COMMITTEE SUBSTITUTE
for
H. B. 4292
(By Delegates Morgan, Stephens, Staggers,
Craig, Manchin and Miley)
(Originating in the Committee on the Judiciary.)
[February 19, 2010]
A BILL to amend and reenact §50-1-4 of the Code of West Virginia,
1931, as amended, relating to requirements to serve as a
magistrate; requiring a bachelor degree or two years of
experience to serve as a magistrate; authorizing the Supreme
Court Administrator to dismiss magistrates from annual
training; and deleting antiquated provisions.
Be it enacted by the Legislature of West Virginia:
That §50-1-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-4. Qualifications of magistrates; training; oath; continuing
education; time devoted to public duties.
(a)
Each
Effective January 1, 2014, a person is qualified to
serve as a
magistrate
shall be if he or she:
(1) is at least twenty-one years of age;
(2) has at least a bachelor degree from an accredited
college, or has at a minimum two years of experience as a
magistrate: Provided, That those persons holding the office of
magistrate on January 1, 2014,
shall have at least a high school
education or its equivalent;
(3) shall has not have been convicted of any a felony, or any
misdemeanor involving moral turpitude; and
(4) reside resides in the county of his or her election.
(b) No A magistrate shall may not be a member of the immediate
family of any other magistrate in the county. In the event If more
than one member of an immediate family shall be is elected in a
county, only the member receiving the highest number of votes shall
be eligible to serve. For purposes of this section, "immediate
family" means the relationship of mother, father, sister, brother,
child or spouse. Notwithstanding the foregoing provisions of
this section, each person who held the office of justice of the
peace on the fifth day of November, one thousand nine hundred
seventy-four, and who served in or performed the functions of such
office for at least one year immediately prior thereto shall be
deemed qualified to run for the office of magistrate in the county
of his residence.
(c) No person shall may assume the duties of magistrate unless
he or she shall have first attended and has completed a course of
instruction in rudimentary principles of law and procedure which
shall be given in accordance with the supervisory rules of the Supreme Court of Appeals.
(d) All magistrates shall be are required to attend such other
courses of continuing educational instruction training conferences
as may be required by supervisory rule the rules of the Supreme
Court of Appeals. Failure to attend such courses of continuing
educational instruction training conference required by the rules
of the Supreme Court of Appeals without good cause or prior
dismissal by the Supreme Court Administrator shall constitute
constitutes neglect of duty. Such courses shall be provided at
least once every other year. Persons Magistrates attending such
courses training conferences outside of the county of their
residence shall be reimbursed by the state for expenses actually
incurred in accordance with the supervisory rules of the Supreme
Court of Appeals.
(e) Each magistrate shall, before assuming the duties of
office, take an oath of office to be administered by the circuit
judge of the county, or the chief judge thereof if there is more
than one judge of the circuit court.
(f) Each magistrate shall maintain the qualifications for
office at all times.
Each magistrate who serves five thousand or less in population
shall devote such time to his public duties as shall be required by
rule or regulation of the judge of the circuit court, or the chief
judge thereof if there is more than one judge of the circuit court.
Each magistrate who serves more than five thousand in population shall devote full time to his public duties. As nearly as
practicable, the workload and the total number of hours required
shall be divided evenly among the magistrates in a county by such
judge.