COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 522

(By Senators Rowe, Mitchell and Caldwell)

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[Originating in the Committee on the Judiciary;

reported February 19, 2002.]

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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 or other person designated by city charter or ordinance may serve as municipal judge; and making certain technical revisions.

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.
§8-10-2. Municipal court for municipalities.
(a) Notwithstanding any charter 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 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 or other official designated by charter or ordinance may act as municipal court judge: Provided, That the municipal court clerk or other official designated by charter or ordinance to act as municipal court judge shall comply with the requirements set forth in subsection (b) of this section, as well as any other requirements that 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 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 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 that 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.
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(NOTE: The purpose of this bill is to allow cities and municipalities to provide by charter provision or ordinance in the absence of its municipal court judge, the municipal court clerk or other person designated by city charter or ordinance, to serve as municipal judge.

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