Senate Bill No. 3001
(By Senators Tomblin, Mr. President, and Sprouse, By Request of
the Executive)
__________
[Introduced June 10, 2001.]
___________
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.
__________
(NOTE: The purpose of this bill is to increase the maximum
number of magistrate court deputy clerks authorized for appointment
to office throughout the judicial circuits of this state from
fifty-seven to sixty-two. The bill also makes various technical
revisions to this code section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)