Senate Bill No. 522
(By Senator Rowe, Mitchell and Caldwell)
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[Introduced February 6, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section two, article ten, chapter eight
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to enabling cities and
municipalities to provide by charter provision or ordinance
that, in the absence of its municipal court judge, the
municipal court clerk may serve as municipal judge.
Be it enacted by the Legislature of West Virginia:
That section two, article ten, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
ยง8-10-2. Municipal court for municipalities.
(a) Notwithstanding any charter or ordinance provision to the
contrary, any city may provide by charter provision and any
municipality may provide by ordinance for the creation and maintenance of a municipal court, for the appointment or election
of an officer to be known as municipal court judge, and for his or
her compensation, and authorize the exercise by the court or judge
of the jurisdiction and the judicial powers, authority and duties
set forth in section one of this article and similar or related
judicial powers, authority and duties enumerated in any applicable
charter or ordinance provisions, as set forth in the charter or
ordinance. Additionally, any city may provide by charter
provision, and any municipality may provide by ordinance that in
the absence of or in the case of the inability of the municipal
court judge to perform his or her duties, the municipal court clerk
may act as municipal court judge: Provided, That the municipal
court clerk shall comply with the requirements set forth in
subsection (b) of this section, as well as any other requirements
which the city by charter provision or the municipality by
ordinance may require.
(b) Effective the first day of July, one thousand nine hundred
ninety-eight, any person who assumes the duties of municipal court
judge who has not been admitted to practice law in this state shall
attend and complete the next available course of instruction in
rudimentary principles of law and procedure. The course shall be
conducted by the municipal league or a like association whose
members include more than one half of the chartered cities and
municipalities of this state. The instruction must be performed by or with the services of an attorney licensed to practice law in
this state for at least three years. Any municipal court judge
serving on the first day of July, one thousand nine hundred
ninety-eight, shall complete such the course within one year,
unless he or she has been admitted to the practice of law in this
state. Any municipal court judge may, thereafter, attend a course
for the purpose of continuing education. The cost of any course
referred to in this section shall be paid by the municipality which
employs the municipal judge.
(c) Only a defendant who has been charged with an offense for
which a period of confinement in jail may be imposed is entitled to
a trial by jury. If a municipal court judge determines, upon
demand of a defendant, to conduct a trial by jury in a criminal
matter, it shall follow the procedures set forth in the rules of
criminal procedure for magistrate courts promulgated by the supreme
court of appeals, except that the jury in municipal court shall
consist of twelve members.
(d) Effective the first day of July, one thousand nine hundred
ninety-eight, a police court judge of any municipality shall
thereafter be referred to as the municipal court judge.
NOTE: The purpose of this bill is to enable cities (by
charter provision) and municipalities (by ordinance) to allow for
the municipal court clerk to serve as municipal court judge in the
judge's absence.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.