Senate Bill No. 771

(By Senators Wooton, Ball, Bowman, Dittmar, Kessler, Ross and Schoonover)

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[Originating in the Committee on the Judiciary;


reported March 4, 1998.]

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A BILL to amend and reenact sections one and four, article four, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the terms of office and the appointment of family law masters; extending the current terms of office; creating new terms of office; and providing for appointments with the advice and consent of the Senate.

Be it enacted by the Legislature of West Virginia:
That sections one and 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, all to read as follows:
ARTICLE 4. PROCEEDINGS BEFORE A MASTER.
§48A-4-1. Appointment of family law masters; term of office; vacancy; removal.
(a) The family law masters holding office on the effective date of this section by virtue of appointments made under the prior enactments of this article shall continue their service for a term of office ending on the thirtieth thirty-first day of June December, one thousand nine hundred ninety-eight. Before the first day of July January, one thousand nine hundred ninety-eight ninety- nine, the governor shall appoint family law masters, by and with the advice and consent of the Senate, in such numbers and to serve for geographical regions of the state as provided for under the provisions of section four of this article, with terms commencing on the first day of July January, one thousand nine hundred ninety- eight ninety-nine, and on a like date in every fourth year thereafter, and ending on the thirtieth thirty-first day of June December, two thousand two three, and on a like date in every fourth year thereafter. Upon the expiration of his or her term, a family law master may continue to perform the duties of the office until the governor makes the appointment and his or her successor has been confirmed by the Senate, or for sixty days after the date of the expiration of the master's term, whichever is earlier. If a vacancy occurs in the office of family law master, the governor shall, within thirty days after such vacancy occurs, fill the vacancy by appointment for the unexpired term: Provided, That if the remaining portion of the unexpired term to be filled is less than one year, the governor may, in his or her discretion, simultaneously appoint an individual to the unexpired term and to the next succeeding full four-year term.: Provided, however, That any vacancy filled by appointment of the governor shall be subject to the advice and consent of the Senate.
(b) An individual may be reappointed to succeeding terms as a family law master to serve in the same or a different region of the state.
(c) Removal of a master during the term for which he or she is appointed shall be as follows:
(1) Upon a recommendation by the judicial hearing board created pursuant to the rules of procedure for the handling of complaints against justices, judges, magistrates and family law masters, if the supreme court of appeals shall find that a family law master has violated the judicial code of ethics or that the master, because of advancing years and attendant physical or mental incapacity, should not continue to serve, the supreme court of appeals may, in lieu of or in addition to any disposition authorized by such rules, remove the family law master from office; and
(2) The supreme court of appeals may remove a master when conduct of the family law master evidences incompetence, unsatisfactory performance, misconduct, neglect of duty or physical or mental disability.
§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 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 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 be part-time masters.
(c) Notwithstanding the provisions of subsection (a) of this section, for the time period extending there shall be one additional part-time family law master assigned to the region that includes Marshall County whose initial term shall be from the first day of August, one thousand nine hundred ninety-six, until the thirtieth thirty-first day of June December, one thousand nine hundred ninety-eight, 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. Such master shall continue to serve for the same terms of office and be subject to appointment for four-year terms beginning on the first day of January, one thousand nine hundred ninety-nine, as provided in subsection (a), section one of this article, and shall otherwise be subject to the provisions authorizing the reappointment of masters to serve additional terms as provided in subsection (b) of said section one.
(d) Nothing contained herein shall prohibit 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.
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(NOTE: The purpose of this bill is to: (1) Extend the terms of office of present family law masters by six months; and (2) provide for the appointment of new family law masters for four year terms beginning January 1, 1999, subject to the advice and consent of the Senate.)