Introduced Version
Senate Bill 133 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 133
(By Senator Hunter)
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[Introduced September 9, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §50-1-9b
of the Code of West Virginia,
1931, as amended, relating to temporary appointment of retired
magistrate clerks in single-clerk counties.
Be it enacted by the Legislature of West Virginia:
That §50-1-9b
of the Code of West Virginia, 1931, as amended,
be amended and reenacted 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
The judge of the circuit court or the chief judge of the circuit
court may create a panel of senior magistrate court clerks who have
served in single clerk counties to utilize the talent and
experience of former magistrate court clerks of this state. The
supreme court of appeals The judge of the circuit court, or the
chief judge thereof if there is more than one judge of the circuit court shall promulgate rules providing for senior or retired
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. and as
feasible toward the objective of reducing caseloads and providing
for replacement of magistrate clerks of single clerk counties who
are unavailable: Provided, That reasonable payment shall be made
to the senior or retired magistrate clerks on a per diem basis:
Provided, however, That the per diem and retirement compensation of
a senior or retired magistrate clerk may not exceed the salary of
a sitting magistrate clerk and allowances shall also be made for
necessary expenses to the travel regulations of the Supreme Court
of Appeals.
NOTE: The purpose of this bill is to provide temporary
appointment of senior or retired magistrate clerks in single clerk
counties when the clerks of those counties are unavailable.
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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