ENGROSSED
Senate Bill No. 561
(By Senators Wooton, Ball, Dittmar, Fanning, Hunter, Oliverio,
Ross, Snyder, White, Buckalew, Deem and Scott)
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[Originating in the Committee on the Judiciary;
reported April 2, 1997.]
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A BILL to amend and reenact section two, article ten, chapter eight
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to police court or municipal
judge for municipalities; and procedures for jury trials in
municipal court.
Be it enacted by the Legislature of West Virginia:
That section two, article ten, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
PART II. POLICE COURT OR MUNICIPAL JUDGE.
§8-10-2. Police court or municipal judge for municipalities.
(a) Notwithstanding any charter provision to the contrary, any
city may provide by charter provision and any municipality may provide by ordinance for the creation and maintenance of a police
or municipal court, for the appointment or election of an officer
to be known as police court judge or municipal court judge, and for
his compensation, and authorize the exercise by such court or judge
of such of the jurisdiction and the judicial powers, authority and
duties set forth in section one of this article and similar or
related judicial powers, authority and duties enumerated in any
applicable charter provisions, as set forth in the charter or
ordinance. Such court or judge shall in all events have the
criminal jurisdiction of a justice of the peace or magistrate
court, but such jurisdiction shall expire on the first day of
January, one thousand nine hundred seventy-seven.
(b) When a municipal court conducts a trial by jury in a
criminal matter, it shall follow the procedures set forth in the
rules of procedure for magistrate courts promulgated by the supreme
court of appeals.