Senate Bill No. 686

(By Senators Kessler, McKenzie and Chafin)

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[Introduced February 23, 1998; 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 four, article four, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to assignment of family law masters; and extending for one year the assignment of the temporary family law master assigned to the region that includes Marshall County.

Be it enacted by the Legislature of West Virginia:
That section four, article four, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. PROCEEDINGS BEFORE A MASTER.

§48A-4-4. Assignment of family law masters by geographical regions.
(a) On and after the first day of July, one thousand nine hundred ninety-four, There shall be a total of twenty-six family law masters, not more than fourteen of whom shall may be full-time masters, to serve throughout the state. During the year immediately preceding the appointment of law masters as provided for in section one of this article, the supreme court of appeals shall apportion the state into geographical regions which may be single-master regions or multi-master regions, or a combination of both. County boundaries shall be strictly observed and no county may be divided among two or more regions. Otherwise, in making such the apportionment, the supreme court of appeals shall construct regions which provide, as nearly as is practicable, for the caseload of each master to be equal to that of other masters. Mathematical exactness as to caseload is not required and deviations from an absolute standard may be based upon concerns, other than caseload, including, but not limited to, deviations dictated by the following considerations:
(1) Judicial circuits;
(2) Geographical features which affect the time and expense of travel;
(3) Traditional patterns of practice by members of the bar; and
(4) Population variances between regions.
(b) In the region that includes Kanawha County, of the masters appointed, not less than two shall may be part-time masters.
(c) Notwithstanding the provisions of subsection (a) of this section, for the time period extending from the first day of August, one thousand nine hundred ninety-six, until the thirtieth day of June, one thousand nine hundred ninety-eight ninety-nine there shall temporarily be a total of twenty-seven family law masters, not more than fourteen of whom shall be full-time masters, to serve throughout the state, and the additional part- time position of family law master created by this subsection shall be assigned to the region that includes Marshall County.
(d) Nothing contained herein shall prohibit in this section prohibits the chief justice of the supreme court of appeals from temporarily assigning a family law master from one geographical region to another geographical region, as caseload, disqualification, recusal, vacation or illness may dictate.
(e) The administrative office of the supreme court shall promulgate any procedural rule necessary to delineate the duties of the part-time and full-time law masters consistent with this article.


NOTE: The purpose of this bill is to extend for one year the period of assignment of the temporary family law master assigned to Marshall County.

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