H. B. 2120
(By Delegates Boggs and Mahan)
[Introduced January 15, 2007; referred to the
Committee on the Judiciary.]
A BILL 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 subsection (b) 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. No person convicted of a felony or
any misdemeanor involving a crime of moral turpitude is eligible to
become a municipal judge.
(b) (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 may
shall, additionally, be required to attend a course, on a biannual
basis for the purpose of continuing education: Provided, That
municipal judges may attend any authorized training session or
seminar for county magistrates, which shall be credited toward the
continuing education requirement contained in this subsection. The
cost of any course referred to in this section shall be paid by the
municipality that employs the municipal judge.
(c) (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.
NOTE: The purpose of this bill is to prescribe minimum
standards for municipal judges and to, additionally require
criminal background checks of persons applying for municipal
judgeships. The bill also requires municipal judges to receive
continuing legal training.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.