Senate Bill No. 32

(By Senator Kessler)

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[Introduced February 14, 2001; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section five, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to discharging probation officers and circuit court clerical assistants for cause only.

Be it enacted by the Legislature of West Virginia:
That section five, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-5. Probation officers and assistants.

(a) Each circuit court, subject to the approval of the supreme court of appeals and in accordance with its rules, is authorized to appoint one or more probation officers and clerical assistants. The probation officers and clerical assistants are subject to discharge only for cause.
(b) The appointment of probation officers and clerical assistants shall be in writing and entered on the order book of the court by the judge making such the appointment and a copy of said the order of appointment shall be delivered to the administrative director of the supreme court of appeals. The order of appointment shall state the monthly salary, fixed by the judge and approved by the supreme court of appeals, to be paid the probation officer or clerical assistants so appointed.
(c) The salary of probation officers and clerical assistants shall be paid monthly or semimonthly, as the supreme court of appeals by rule may direct and they shall be reimbursed for all reasonable and necessary expenses actually incurred in the line of duty in the field. The salary and expenses shall be paid by the state from the judicial accounts thereof of the state. The county commission shall provide adequate office space for the probation officer and his or her assistants to be approved by the appointing court. The equipment and supplies as may be needed by the probation officer and his or her assistants shall be provided by the state and the cost thereof of the equipment and supplies shall be charged against the judicial accounts of the state.
(d) No judge may appoint any probation officer, assistant probation officer or clerical assistant who is related to him or her either by consanguinity or affinity.
(e) Subject to the approval of the supreme court of appeals and in accordance with its rules, a judge of a circuit court whose circuit comprises more than one county may appoint a probation officer and a clerical assistant in each county of the circuit or may appoint the same persons to serve in these respective positions in two or more counties in the circuit.
(f) Nothing contained in this section alters, modifies, affects or supersedes the appointment or tenure of any probation officer, medical assistant or psychiatric assistant appointed by any court under any special act of the Legislature heretofore enacted, and the salary or compensation of those persons shall remain as specified in the most recent amendment of any special act until changed by the court, with approval of the supreme court of appeals, by order entered of record, and any such salary or compensation shall be paid out of the state treasury.


NOTE: The purpose of this bill is to provide that probation officers and clerical assistants to circuit court judges be discharged only for cause.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.