Senate Bill No. 261

(By Senators Dugan, Buckalew and Snyder)

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[Introduced March 7, 1997; 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 five, article three, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to courts; creating court bailiffs as possible replacements for sheriffs as attending officers at circuit courts and for family law masters by the first day of January, one thousand nine hundred ninety-eight; providing that the court bailiff be selected by the circuit court and supervised by the county sheriff; providing court bailiffs be paid by the county commission; requiring court bailiffs to be certified as law-enforcement officers or certified by the supreme court of appeals; providing that bailiffs may accompany the circuit judge to other counties; and that bailiffs may waive the furnishing of insurance and accept the cost as additional salary.

Be it enacted by the Legislature of West Virginia:
That section five, article three, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COURTS IN GENERAL.

§51-3-5. Attending officer; court bailiffs.

(a) The supreme court of appeals shall may not be attended by any sheriff, but every circuit court, county court commission and other court of record of any county shall be attended by the sheriff of the county in which it is held, who shall act as the officer thereof: Provided, That on or before the first day of January, one thousand nine hundred ninety-eight, the county commission of every county of this state shall ensure that every session of the circuit court and the family law master shall be attended by a deputy sheriff or court bailiff, as defined by this section, unless t the attendance is specifically waived by the circuit judge or family law master.
(b) In order to maximize the availability of law-enforcement officers in the counties of this state, the position of court bailiff is hereby created. Any person employed as a court bailiff shall have been, prior to their employment as a court bailiff, certified as a law-enforcement officer as provided in article twenty-nine, chapter thirty of this code, or meet qualifications established by the supreme court of appeals.
(c) Any county commission which chooses to employ court bailiffs for security purposes shall be responsible for the payment of wages and provision of benefits for these personnel. A bailiff may waive the furnishing of insurance by the county commission and elect to receive the cost of insurance as salary. Court bailiffs shall be selected by the circuit court and supervised by the county sheriff of the county in which they are employed. A circuit judge who presides in more than one county, or who is assigned to hear cases in another county, may have that judge's bailiff travel to the other county.




NOTE: The purpose of this bill is to allow for replacement of sheriffs, or their deputies, as attending officers in courts of record and to replace them with court bailiffs by January 1, 1998. The court bailiffs are to be hired and supervised by the circuit courts and must be certified as law-enforcement officers or certified by the supreme court. Bailiffs may accompany circuit judges who preside in more than one county or who are assigned to hear cases in other counties.

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