Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 133 History

DOWNLOAD  wpd  |  Email


sb133 intr
Senate Bill No. 133

(By Senator Hunter)

____________

[Introduced September 9, 2005; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

____________




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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****