ENGROSSED

Senate Bill No. 3001

(By Senators Tomblin, Mr. President, and Sprouse, By Request of the Executive)

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[Introduced June 10, 2001.]

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A BILL to amend and reenact section nine-a, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the number of magistrate court deputy clerks authorized for appointment to office.

Be it enacted by the Legislature of West Virginia:
That section nine-a, 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.
§50-1-9a. Magistrate court deputy clerks; duties; salary .
(a) Whenever required by workload and upon the recommendation of the judge of the circuit court, or the chief judge thereof of the circuit court if there is more than one judge of the circuit court, the supreme court of appeals may, by rule, provide for the appointment of magistrate court deputy clerks, not to exceed fifty-seven sixty-two in number. Such The magistrate court deputy clerks shall be appointed by the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, with such appointee to serve at his or her will and pleasure under the immediate supervision of the magistrate court clerk.
(b) Such magistrate Magistrate court deputy clerk clerks shall have such the duties, clerical or otherwise, as may be assigned by the magistrate court clerk and as may be prescribed by the rules of the supreme court of appeals or the judge of the circuit court or the chief judge thereof if there is more than one judge of the circuit court. Such magistrate Magistrate court deputy clerks shall may also have authority to exercise the power and perform the duties of the magistrate court clerk as may be delegated or assigned by such the magistrate court clerk.
(c) Such A magistrate court deputy clerk shall may not be a member of the an immediate family member of any magistrate, magistrate court clerk, magistrate assistant or circuit court judge of the circuit court within the same county, shall may not have been convicted of a felony or any misdemeanor involving moral turpitude and shall must reside in the this state of West Virginia. For the purpose purposes of this section subsection, "immediate family member" shall mean means the relationships of a mother, father, sister, brother, child or spouse.
(d) Magistrate court deputy clerks shall be paid a monthly salary by the state. Such salary shall be paid on the same basis and in the same applicable amounts as established for magistrate assistants in each county, as provided in section nine of this article.