Senate Bill No. 408

(By Senators Craigo, Ross, Sharpe, Helmick, Buckalew, Blatnik, Schoonover, Deem, Kimble, Boley, Dittmar, White, Anderson, Minear and Bowman)

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[Introduced February 15, 1996; referred to the Committee on the Judiciary; and then to the Committee on Finance .]
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A BILL to amend and reenact section seventeen, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one and two, article four, chapter forty-eight-a of said code, all relating to requiring family law masters to be elected; and requiring that all family law masters serve full-time.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections one and two, article four, chapter forty-eight-a of said code be amended and reenacted, all to read as follows:

CHAPTER 3. ELECTIONS.

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-17. Election of circuit judges; lawmasters; county and
district officers; magistrates.

There shall be elected, at the general election to be held in the year one thousand nine hundred ninety-two, and in every eighth year thereafter, one judge of the circuit court of every judicial circuit entitled to but one judge, and one judge for each numbered division of the judicial circuit in those judicial circuits entitled to two or more circuit judges; and at the general election to be held in the year one thousand nine hundred ninety-eight, and in every fourth year thereafter, two family law masters for Kanawha County and one family law master for every other geographic region as designated under section four, article four, chapter forty-eight-a of this code; and at the general election to be held in the year one thousand nine hundred ninety-two, and in every fourth year thereafter, a sheriff, prosecuting attorney, surveyor of lands, and the number of assessors prescribed by law for the county, and the number of magistrates prescribed by law for the county; and at the general election to be held in the year one thousand nine hundred ninety, and in every second year thereafter, a commissioner of the county commission for each county; and at the general election to be held in the year one thousand nine hundred ninety-two, and in every sixth year thereafter, a clerk of the county commission and a clerk of the circuit court for each county.
CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.

ARTICLE 4. PROCEEDINGS BEFORE A MASTER.
§48A-4-1. Appointment of family law masters; term of office;

vacancy; removal.

(a) The family law masters holding office on the effective date of this section by virtue of appointments made under the prior enactments of this article shall continue their service for a term of office ending on the thirtieth day of June, one thousand nine hundred ninety-four. Before the first day of July, one thousand nine hundred ninety-four, the governor shall appoint family law masters in such numbers and to serve such areas of the state as provided for under the provisions of this article, with terms commencing on the first day of July, one thousand nine hundred ninety-four. and on a like date in every fourth year thereafter, and ending on the thirtieth day of June, one thousand nine hundred ninety-eight, and on a like date in every fourth year thereafter Thereafter, family law masters shall be elected in accordance with the provisions set forth in section seventeen, article one, chapter three of this code. Upon the expiration of his or her term, a family law master may continue to perform the duties of the office until the governor makes the appointment, or for sixty days after the date of the expiration of the master's term, whichever is earlier. If a vacancy occurs in the office of family law master, the governor shall, within thirty days after such vacancy occurs, fill the vacancy by appointment for the unexpired term. Provided, That if the remaining portion of the unexpired term to be filled is less than one year, the governor may, in his or her discretion, simultaneously appoint an individual to the unexpired term and to the next succeeding full four-year term.
(b) An individual may be reappointed to succeeding terms as a family law master to serve in the same or a different region of the state.
(c) (b) Removal of a master during the term for which he or she is appointed shall be as follows:
(1) Upon a recommendation by the judicial hearing board created pursuant to the rules of procedure for the handling of complaints against justices, judges, magistrates and family law masters, if the supreme court of appeals shall find that a family law master has violated the judicial code of ethics or that the master, because of advancing years and attendant physical or mental incapacity, should not continue to serve, the supreme court of appeals may, in lieu of or in addition to any disposition authorized by such rules, remove the family law master from office.
(2) The supreme court of appeals may remove a master when conduct of the family law master evidences incompetence, unsatisfactory performance, misconduct, neglect of duty or physical or mental disability.
48A-4-2. Qualifications of family law masters.
(a) No individual may be appointed to serve as a family law master unless he or she is a member in good standing of the West Virginia state bar.
(b) No person may assume the duties of family law master unless he or she has first attended and completed a course of instruction in principles of family law and procedure which is given in accordance with the supervisory rules of the supreme court of appeals. All family law masters shall attend all courses of continuing educational instruction as may be required by supervisory rule of the supreme court of appeals. Failure to attend such courses of continuing educational instruction without good cause shall constitute a neglect of duty. These courses shall be provided at least once every other year. Persons attending such courses 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.
(c) A family law master may not engage in any other business, occupation or employment inconsistent with the expeditious, proper and impartial performance of his or her duties as a judicial officer. A full-time family law master shall may not engage in the outside practice of law and shall devote full time to his or her duties as a judicial officer. Part-time family law masters who do not engage in the practice of criminal law shall be exempt from the appointments in indigent cases which would otherwise be required pursuant to article twenty-one, chapter twenty-nine of this code.
(d) All family law masters and all necessary clerical and secretarial assistants employed in the offices of family law masters are officers or employees of the judicial branch of state government.




NOTE: The purpose of this bill is to provide that family law masters are elected and that they serve full time.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.