H. B. 2305
(By Delegates Webster, Wells, Ferro, Miley,
Frazier, Schoen, Lane, Wooton, Hunt and Barker)
[Introduced February 12, 2009; referred to the Committee on the
Judiciary.]
_________________
A BILL to amend and reenact §51-1-11 of the Code of West Virginia,
1931, as amended, relating to the clerks office of the Supreme
Court; and revising appointment and compensation provisions of
the clerk and clerks office staff.
Be it enacted by the Legislature of West Virginia:
That §51-1-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. SUPREME COURT OF APPEALS
§ 51-1-11. Appointment and compensation of the Clerk and employees
of the clerks' office; compensation
The
justices of the supreme court of appeals,
or judges
thereof in vacation, may appoint a clerk.
who shall give bond as
required by article two, chapter six of this Code.
The annual
compensation of the clerk shall be fixed by the court, and shall be
not less than seven thousand dollars, payable in equal monthly
installments out of the state treasury, and shall be in lieu of all other fees, costs, allowances, compensation, perquisites and income
of whatever kind by virtue of his office. The
justices of the
supreme court of appeals
or judges thereof in vacation, may
also
appoint
one deputy clerk, one associate clerk, one assistant clerk,
one proofreader and such any other full-time and part-time
professional and clerical assistants
as are deemed necessary to
efficiently perform
properly the functions and duties of the office
of the clerk.
And the said court or judges thereof in vacation,
shall fix their compensation These employees shall serve at the
will and pleasure of the justices of the supreme court of appeals.
The salary of the clerk and persons employed within the office of
the clerk shall be established by the justices of the supreme court
of appeals and paid which shall be payable out of the
biennium
appropriations made by the legislature
of West Virginia, personal
service account, for the spending unit of the supreme court of
appeals, by requisitions drawn against the auditor of the State of
West Virginia according to law.
All of such officers shall be
removable at the pleasure of the court or judges. Vacancies in the
office of the clerk occurring during vacation may be filled by
appointment, in writing, made by the judges of the court or a
majority thereof.
If the position of clerk shall become vacant
while the supreme court of appeals is in vacation, the position may
be filled by appointment, in writing, issued by the justices of the
supreme court of appeals.
NOTE: The purpose of this bill is to revise appointment and
compensation provisions of the supreme court clerk and his or her
staff.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
