H. B. 4292
(By Delegates Morgan, Stephens, Staggers,
Craig, Manchin and Miley)
[Introduced February 2, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-1-4 of the Code of West Virginia,
1931, as amended, relating to requirements to serve as a
magistrate; requiring an associate degree or four years of
experience to serve as a magistrate; authorizing the Supreme
Court Administrator to dismiss magistrates from annual
training; and deleting antiquated provisions.
Be it enacted by the Legislature of West Virginia:
That §50-1-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-4. Qualifications of magistrates; training; oath; continuing
education; time devoted to public duties.
(a) Each magistrate shall be at least twenty-one years of age,
shall have a high school education or its equivalent, shall not
have been convicted of any felony, or any misdemeanor involving
moral turpitude and shall reside in the county of his
or her election:
Provided, That any person who begins serving as a
magistrate, either by appointment or election, after the effective
date of the reenactment of this section during the regular session
of 2011, shall possess at least an associate degree from an
accredited college, or have at least two years of experience as a
magistrate.
(b) No magistrate shall be a member of the immediate family of
any other magistrate in the county.
In the event If more than one
member of an immediate family
shall be is elected in a county, only
the member receiving the highest number of votes shall be eligible
to serve. For purposes of this section, immediate family means the
relationship of mother, father, sister, brother, child or spouse.
Notwithstanding the foregoing provisions of this section, each
person who held the office of justice of the peace on the fifth day
of November, one thousand nine hundred seventy-four, and who served
in or performed the functions of such office for at least one year
immediately prior thereto shall be deemed qualified to run for the
office of magistrate in the county of his residence.
(c) No person shall assume the duties of magistrate unless he
or she shall have first attended and has completed a course of
instruction in
rudimentary principles of law and procedure which
shall be given in accordance with the
supervisory rules of the
Supreme Court of Appeals.
(d) All magistrates
shall be are required to attend
such other
courses of continuing educational instruction annual training conferences as
may be required by
supervisory rule of the Supreme
Court of Appeals. Failure to attend
such courses of continuing
educational instruction an annual training conference without good
cause
or prior dismissal by the Supreme Court Administrator shall
constitute constitutes neglect of duty.
Such courses shall be
provided at least once every other year. Persons Magistrates
attending
such courses conferences outside of the county of their
residence shall be reimbursed by the state for expenses actually
incurred in accordance with the
supervisory rules of the Supreme
Court of Appeals.
(e) Each magistrate shall, before assuming the duties of
office, take an oath of office to be administered by the circuit
judge of the county, or the chief judge
thereof if there is more
than one judge of the circuit court.
(f) Each magistrate shall maintain the qualifications for
office at all times.
Each magistrate who serves five thousand or less in population
shall devote such time to his public duties as shall be required by
rule or regulation of the judge of the circuit court, or the chief
judge thereof if there is more than one judge of the circuit court.
Each magistrate who serves more than five thousand in population
shall devote full time to his public duties. As nearly as
practicable, the workload and the total number of hours required
shall be divided evenly among the magistrates in a county by such
judge.
NOTE: This bill shall require any person who begins serving as
a magistrate after the effective date of this legislation, to
possess an associate degree from an accredited college, or have two
years of experience as a magistrate. All magistrates are required
to attend an annual training conference by the Administrator of the
Supreme Court of Appeals of West Virginia. In addition, the
outdated distinction between those magistrates who serve 5,000 or
less in population and those who serve more than 5,000 is stricken
because it is antiquated, as all magistrates now work under the
same rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.