H. B. 2980
(By Delegate Boggs)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section fourteen, article one,
chapter fifty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section five, article three, chapter fifty-one of
said code, all relating to providing protection and security
for magistrates while they are performing their duties;
requiring the supreme court of appeals to provide funds for
protecting magistrates.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter fifty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section five,
article three, chapter fifty-one of said code, be amended and
reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-14. Duties of sheriff; service of process; bailiff.
(a) It shall be the duty of each sheriff to execute all
civil and criminal process from any magistrate court which may be
directed to such sheriff. Process shall be served in the same
manner as provided by law for process from circuit courts.
Subject to the supervision of the chief justice of the
supreme court of appeals or of the judge of the circuit court, or
the chief judge thereof if there is more than one judge of the
circuit court, it shall be the duty of the sheriff, or his or her
designated deputy, to serve as bailiff of a magistrate court.
upon the request of the magistrate. The sheriff shall provide to
all magistrates protection and security during all times in which
a magistrate is performing his or her official duties: Provided,
That the supreme court of appeals shall make available to the
sheriff from the supreme court's budget the funds necessary for
maintaining the protection and security of magistrates. Such
service shall also be subject to such administrative rules as may
be promulgated by the supreme court of appeals. A writ of
mandamus shall lie on behalf of a magistrate to enforce the
provisions of this section.
(b) The sheriff of any county may employ, by and with the
consent of the county commission, one or more persons whose sole
duties shall be the service of civil process and the service of subpoenas and subpoenas duces tecum. Any such person shall not
be considered a deputy or deputy sheriff within the meaning of
subdivision (2), subsection (a), section two, article fourteen,
chapter seven of this code, nor shall any such person be
authorized to carry deadly weapons in the performance of his or
her duties.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 3. COURTS IN GENERAL.
§51-3-5. Attending officer.
The supreme court of appeals shall not be attended by any
sheriff, but every circuit court, county court commission and
other court of record of any county, including magistrate courts,
shall be attended by the sheriff of the county in which it is
held, who shall act as the officer thereof.
NOTE: The purpose of this bill is to require the sheriff to
provide security and protection for magistrates while performing
their official duties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.