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Introduced Version House Bill 2428 History

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hb2428 intr
H. B. 2428


(By Delegates Spencer, Amores, Beane and Perdue)

[Introduced February 16, 2005; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §50-1-11 of the Code of West Virginia, 1931, as amended, relating to the location of magistrate courts generally; and providing that magistrate court may be temporarily held in various locations throughout the county.

Be it enacted by the Legislature of West Virginia:

That §50-1-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. COURTS AND OFFICERS.

§50-1-11. Offices for magistrates; location; expenses; copy of state code.

Subject to the rules of the Supreme Court of Appeals, the location of offices for magistrates shall be determined by order of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. When required by geography or population dispersion and in order to make such offices accessible to the public, an order may require more than one location for each magistrate. As near as practicable within a county, all office accommodations shall be comparable. All expenses of acquiring or renting offices and utility and telephone expenses shall be paid by the county. All other expenses, including, but not limited to, expenses for furniture, equipment and supplies, shall be paid by the state. The administrative Director of the Supreme Court of Appeals shall supply each magistrate with a current copy of the West Virginia Code which shall remain the property of the state.
Magistrates who serve at more than one location within the county, whether on a regular or temporary basis, shall be reimbursed travel expenses for travel between locations at a rate per mile equal to that allowed for reimbursement of travel expenses of officers in the judicial branch of state government.
A magistrate may hold court in any acceptable public location in the county on a temporary basis if the magistrate determines that it is in the best interest of the public to do so and the magistrate demonstrates to the satisfaction of the judge of the circuit court, or the chief judge thereof
that it would be cost effective and that the interest of justice will be served.



NOTE: The purpose of this bill is to provide that magistrate court may be temporarily held in various locations throughout the county.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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