Senate Bill No. 185
(By Senators Wooton, Snyder, Ball,
Kessler, Hunter, Oliverio, Ross,
White, Dittmar, Scott and Kimble)
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[Originating in the Committee on the Judiciary;
reported January 20, 1998.]
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A BILL to amend and reenact sections five and seven, article two,
chapter fourteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating generally to
the court of claims; providing for the position of chief
deputy clerk; expanding the locations in which the court of
claims is authorized to meet; and making certain technical
revisions.
Be it enacted by the Legislature of West Virginia:
That sections five and seven, article two, chapter fourteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-5. Court clerk and other personnel.
The court shall have the authority may to appoint a clerk, chief deputy clerk and deputy clerks. The salaries of the clerk,
the chief deputy clerk and the deputy clerks shall be fixed by the
joint committee on government and finance, and shall be paid out of
the regular appropriation for the court. The clerk shall have
custody of and maintain all records and proceedings of the court,
shall attend meetings and hearings of the court, shall administer
oaths and affirmations and shall issue all official summonses,
subpoenas, orders, statements and awards. The chief deputy clerk
or another deputy clerk shall act in the place and stead of the
clerk in the clerk's absence.
The joint committee on government and finance may employ other
persons whose services shall be are necessary to the orderly
transaction of the business of the court and fix their
compensation.
§14-2-7. Meeting place of the court.
The regular meeting place of the court shall be at the state
capitol, and the joint committee on government and finance shall
provide adequate quarters therefor. When deemed advisable, in
order to facilitate the full hearing of claims arising elsewhere in
the state, the court may convene at any county seat or other
location in the state, including a correctional institution:
Provided, That the court will make reasonable efforts to meet in
appropriate public or private buildings in keeping with the dignity
and decorum of the state.
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(NOTE: The purpose of this bill is to provide for the
position of the chief deputy clerk and to expand the locations in
which the Court of Claims is authorized to meet.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)