H. B. 2153
(By Delegates Linch, Stemple, Kominar, Johnson and Faircloth)
(Originating in the House Committee on the Judiciary)
[February 18, 1997]
A BILL to amend and reenact section six, article one, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to vacancies in the
office of magistrate.
Be it enacted by the Legislature of West Virginia:
That section six, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. MAGISTRATE COURTS.
§50-1-6. Vacancy in office of magistrate.
When Subject to the provisions of section one, article ten,
chapter three of this code, when a vacancy occurs in the office
of magistrate, the judge of the circuit court, or the chief judge
thereof if there is more than one judge of the circuit court,
shall fill the same by appointment until the next general
election and the person so appointed shall hold office until his
successor is elected and qualified.
At such a general election in which a magistrate shall be is elected for the an unexpired term, . Such the circuit judge, or
the chief judge thereof if there is more than one judge of the
circuit court, shall cause a notice of such election to be
published prior to such election as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for
such publication shall be the county involved. If the vacancy
occurs before the primary election held to nominate candidates to
be voted for at the general election, at which any such vacancy
is to be filled, candidates to fill such vacancy shall be
nominated at such primary election in accordance with the time
requirements and the provisions and procedures prescribed in
article five, chapter three of this code. Otherwise, they shall
be nominated by the county executive committee in the manner
provided in section nineteen, article five, chapter three of this
code, as in the case of filling vacancies in nominations, and the
names of the persons so nominated and certified to the clerk of
the circuit court of such county shall be placed upon the ballot
to be voted at such next general election.
NOTE: The purpose of this bill is to provide that when a
vacancy in the office of magistrate is filled by appointment,
the
appointee is to fill the vacancy until the completion of the
term.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.