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Introduced Version House Bill 3142 History

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H. B. 3142

 

         (By Delegates Manchin, Longstreth, Caputo,

             White, M. Poling, Miley and Barill)


         [Introduced February 15, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

 

A BILL to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the allowable number of magistrate court deputy clerks by five.

Be it enacted by the Legislature of West Virginia:

    That §50-1-9a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. COURTS AND OFFICERS.

§50-1-9a. Magistrate court deputy clerks; duties; salary.

    (a) Whenever required by workload and upon the recommendation of the judge of the circuit court, or the chief judge of the circuit court if there is more than one judge of the circuit court, the Supreme Court of Appeals may, by rule, provide for the appointment of magistrate court deputy clerks, not to exceed seventy-two seventy-seven in number. The magistrate court deputy clerks shall be appointed by the judge of the circuit court, or the chief judge if there is more than one judge of the circuit court, to serve at his or her will and pleasure under the immediate supervision of the magistrate court clerk.

    (b) Magistrate court deputy clerks shall have the duties, clerical or otherwise, as may be assigned by the magistrate court clerk and as may be prescribed by the rules of the Supreme Court of Appeals or the judge of the circuit court or the chief judge if there is more than one judge of the circuit court. Magistrate court deputy clerks may also exercise the power and perform the duties of the magistrate court clerk as may be delegated or assigned by the magistrate court clerk.

    (c) A magistrate court deputy clerk may not be an immediate family member of any magistrate, magistrate court clerk, magistrate assistant or judge of the circuit court within the same county, may not have been convicted of a felony or any misdemeanor involving moral turpitude and must reside in this state. For purposes of this subsection, “immediate family member” means a mother, father, sister, brother, child or spouse.

    (d) Magistrate court deputy clerks shall be paid an annual salary by the state on the same basis and in the same amounts established for magistrate assistants in each county, as provided in section nine of this article.


    NOTE: The purpose of this bill is to increase the allowable number of magistrate court deputy clerks by five.


    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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