COMMITTEE SUBSTITUTE
FOR
H. B. 2386
(By Delegates Schadler and Amores)
(Originating in the Committee on Finance)
[February 26, 2003]
A BILL to amend article one, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section nine-b,
relating to authorizing the supreme court of appeals to create
a panel of senior magistrate court clerks; granting authority
to senior magistrate court clerks to fill certain vacancies;
authorizing the supreme court of appeals to promulgate rules
for senior magistrate court clerks; providing for reasonable
compensation to senior clerks; providing for reimbursement of
certain expenses incurred by senior clerks.
Be it enacted by the Legislature of West Virginia:
That article one, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section nine-b, to read as
follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9b. Appointment of senior magistrate court clerks.
The West Virginia supreme court of appeals is authorized to
create a panel of senior magistrate court clerks to utilize the
talent and experience of former magistrate court clerks of this
state. The supreme court of appeals shall promulgate rules
providing for senior magistrate court clerks to be assigned duties
as needed to serve: (1) In the place of magistrate court clerks who
are on authorized leave or are otherwise unavailable; or (2) while
there is a vacancy in a magistrate court clerk's office. The
supreme court of appeals shall further promulgate rules to provide
for:(1) Reimbursement of travel and other necessary expenses
actually incurred while the senior clerk is serving outside the
county of his or her residence; and (2) reasonable compensation on
a per diem basis:
Provided, That the per diem and retirement
compensation of a senior magistrate court clerk may not exceed the
salary of the magistrate court clerk in whose place the senior
clerk is serving.
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