H. B. 4655
(By Delegate Hines)
[Introduced February 24, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing required
qualifications for magistrates.
Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-4. Qualifications of magistrates; training; oath; continuing
education; time devoted to public duties.
Each magistrate shall be at least twenty-one years of age,
shall have a high school education four-year degree from an
accredited institution of higher learning or its equivalent a combination of college course work not resulting in a four-year
degree and work experience in the field of study, the combination
of which is equivalent to a four-year degree from an accredited
institution of higher learning: Provided, That any magistrate
serving on or before the first day of April, two thousand, shall
not be required to comply with this requirement. It is also
required that each magistrate shall not have been convicted of any
felony or any misdemeanor involving moral turpitude and shall
reside in the county of his or her election. No magistrate shall
be a member of the immediate family of any other magistrate in the
county. In the event more than one member of an immediate family
shall be elected in a county, only the member receiving the highest
number of votes shall be eligible to serve. For purposes of this
section, immediate family means the relationship of mother, father,
sister, brother, child or spouse. Notwithstanding the foregoing
provisions of this section, each person who held the office of
justice of the peace on the fifth day of November, one thousand
nine hundred seventy-four, and who served in or performed the
functions of such office for at least one year immediately prior
thereto shall be deemed considered qualified to run for the office
of magistrate in the county of his or her residence.
No person shall assume the duties of magistrate unless he or
she shall have first attended and completed a course of instruction
in rudimentary principles of law and procedure which shall be given in accordance with the supervisory rules of the supreme court of
appeals.
All magistrates shall be required to attend such other courses
of continuing educational instruction as may be required by
supervisory rule of the supreme court of appeals. Failure to
attend such courses of continuing educational instruction without
good cause shall constitute neglect of duty. Such courses shall be
provided at least once every other year. Persons attending such
courses outside of the county of their residence shall be
reimbursed by the state for expenses actually incurred in
accordance with the supervisory rules of the supreme court of
appeals.
Each magistrate shall, before assuming the duties of office,
take an oath of office to be administered by the circuit judge of
the county, or the chief judge thereof if there is more than one
judge of the circuit court. Each magistrate shall maintain the
qualifications for office at all times.
Each magistrate who serves five thousand or less in population
shall devote such time to his or her public duties as shall be
required by rule or regulation of the judge of the circuit court,
or the chief judge thereof if there is more than one judge of the
circuit court. Each magistrate who serves more than five thousand
in population shall devote full time to his or her public duties.
As nearly as practicable, the workload and the total number of hours required shall be divided evenly among the magistrates in a
county by such judge.
NOTE: The purpose of this bill is to require that magistrates
are college graduates or have equivalent work experience in a
related field, or have completed some college coursework without
graduating with some work experience in a related field that is
equivalent to a four-year college degree.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.