SENATE JOINT RESOLUTION NO. 8
(By Senator Holliday)
[Introduced February 16, 1994;
referred to the Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section eight, article eight thereof,
relating to voluntary recall of a retired magistrate for a
temporary assignment as a magistrate; numbering and
designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed
amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each House agreeing thereto:
That the question of ratification or rejection of an
amendment to the Constitution of the State of West Virginia be
submitted to the voters of the State at the next general election
to be held in the year one thousand nine hundred ninety-four,
which proposed amendment is that section eight, article eight
thereof be amended to read as follows:
ARTICLE VIII. THE JUDICIARY.
§8. Censure, temporary suspension and retirement of justices,
judges and magistrates; removal.
Under its inherent rule-making power, which is herebydeclared, the supreme court of appeals shall, from time to time,
prescribe, adopt, promulgate and amend rules prescribing a
judicial code of ethics, and a code of regulations and standards
of conduct and performances for justices, judges and magistrates,
along with sanctions and penalties for any violation thereof, and
the supreme court of appeals is authorized to censure or
temporarily suspend any justice, judge or magistrate having the
judicial power of the state, including one of its own members,
for any violation of any such code of ethics, code of regulations
and standards, or to retire any such justice, judge or magistrate
who is eligible for retirement under the West Virginia judges'
retirement system (or any successor or substituted retirement
system for justices, judges and magistrates of this state) and
who, because of advancing years and attendant physical or mental
incapacity, should not, in the opinion of the supreme court of
appeals, continue to serve as a justice, judge or magistrate.
No justice, judge or magistrate shall be censured,
temporarily suspended or retired under the provisions of this
section unless he shall have been afforded the right to have a
hearing before the supreme court of appeals, nor unless he shall
have received notice of the proceedings, with a statement of the
cause or causes alleged for his censure, temporary suspension or
retirement, at least twenty days before the day on which the
proceeding is to commence. No justice of the supreme court of
appeals may be temporarily suspended or retired unless all of the
other justices concur in such temporary suspension or retirement.When rules herein authorized are prescribed, adopted and
promulgated, they shall supersede all laws and parts of laws in
conflict therewith, and such laws shall be and become of no
further force or effect to the extent of such conflict.
A retired justice or judge may, with his permission and with
the approval of the supreme court of appeals, be recalled by the
chief justice of the supreme court of appeals for temporary
assignment as a justice of the supreme court of appeals, or judge
of an intermediate appellate court, a circuit court or a
magistrate court. A retired magistrate may, with his or her
permission and with the approval of the supreme court of appeals
be recalled by the chief justice of the supreme court of appeals
for temporary assignment as a magistrate in a magistrate court.
A justice or judge may be removed only by impeachment in
accordance with the provisions of section nine, article four of
this constitution. A magistrate may be removed from office in
the manner provided by law for the removal of county officers.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Retired Magistrate Recall For Temporary Service Amendment"
and the purpose of the proposed amendment is summarized as
follows: "To allow a retired magistrate to voluntarily agree to
be recalled by the state supreme court to serve on a temporary
basis as magistrate."
NOTE: The purpose of this Joint Resolution is to submit a
constitutional amendment to the voters at the next general
election in 1994 to allow a retired magistrate to voluntarily
agree to be recalled by the state supreme court to serve on a
temporary basis as a magistrate."
Strike-throughs indicate language that would be stricken
from the present constitution, and underscoring indicates new
language that would be added.