COMMITTEE SUBSTITUTE

FOR

H. B. 2325

(By Delegates Johnson, Fleischauer, Hutchins,

Rowe, Riggs and Trump )


(Originating in the Committee on the Judiciary)

[February 19, 1999]


A BILL to amend and reenact section five, article three, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to county courts; providing for a process of selecting and overseeing court bailiffs; requiring the sheriff to train and select deputy sheriffs to serve as court bailiffs; giving presiding court officers supervision and control over appointed bailiffs; allowing courts or county commission to hire bailiffs upon failure of sheriff to provide; and excepting current certain bailiffs from new requirements.

 Be it enacted by the Legislature of West Virginia:
That section five, article three, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COURTS IN GENERAL.

§51-3-5. Attending officer; court bailiffs.

The supreme court of appeals shall not be attended by any sheriff, but every (a) Every circuit court, all proceedings in magistrate courts, before family law masters and other proceedings as designated by the chief judge of the circuit court or circuit judge if there is no chief judge county court and other court of record of any county shall be attended by the sheriff of the county in which it is held, or a deputy sheriff designated by the sheriff, who shall act as the officer court bailiff thereof. The sheriff shall select a deputy sheriff to serve as court bailiff. While serving as court bailiff, the deputy sheriff shall be under the direction and control of the presiding court officer. The sheriff shall be responsible for assuring that all deputy sheriffs that serve as bailiffs receive bailiff training. The court may reject the appointment of any deputy sheriff selected by the sheriff to serve as court bailiff at which time the sheriff shall select another deputy sheriff to serve: Provided, That if the sheriff fails to assure attendance of a qualified bailiff at all court proceedings, or the sheriff and the court cannot agree upon a deputy sheriff, then bailiff services may be provided by non-deputy sheriff bailiffs who may be employed by the county commission or the circuit court.
(b) Notwithstanding the provisions of subsection (a), in any county where, upon the effective date of this enactment, court proceedings are being attended by a paid or volunteer civilian bailiff, then that person may continue to serve as court bailiff, so long as both the sheriff of the county and the chief circuit judge agree. If either the sheriff or chief circuit judge direct discontinuance of the use of an existing volunteer or civilian bailiff, then a bailiff shall be appointed pursuant to subsection (a).