Senate Bill No. 638

(By Senators Jackson, Plymale, Chafin, Fanning, Redd, Tomblin, Mr. President)

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[Introduced March 26, 2001; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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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 allowable magistrate court deputy clerks; and designating the additional clerk for Wayne County.

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.
ยง50-1-9a. Magistrate court deputy clerks; salary; duties.
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 fifty-eight in number: Such Provided, That effective the first day of July, two thousand one, the number of magistrate court deputy clerks allowed for Wayne County is increased by one from the number authorized on the first day of March, two thousand one. 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 the appointee to serve at his or her will and pleasure under the immediate supervision of the magistrate court clerk. Such The magistrate court deputy clerk shall have such has 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 court deputy clerks shall also have the 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.
Such A magistrate court deputy clerk shall may not be a member of the immediate family of any magistrate, magistrate court clerk, magistrate assistant or circuit court judge within the same county, shall may not have been convicted of a felony or any misdemeanor involving moral turpitude and shall reside in the state of West Virginia. For the purpose of this section, "immediate family" shall mean means the relationships of mother, father, sister, brother, child or spouse.
Magistrate court deputy clerks shall be paid a monthly salary by the state. Such The salary shall be paid on the same basis and in the same applicable amounts as for magistrate assistants in each county as provided in section nine of this article.

NOTE: The purpose of this bill is to increase, by one, the number of magistrate court deputy clerks that may be appointed and provide that the clerk be appointed in Wayne County.

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