Senate Bill No. 67
(By Senators Jackson, Plymale, Chafin, Redd,
Tomblin, Mr. President, Unger, McCabe, Helmick, Ross,
Mitchell, Minear, Wooton and Bowman)
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[Introduced January 9, 2002; 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 an
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.
§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 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 sixty-two sixty-three in number:
Provided, That
effective the first day of July, two thousand two, 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 two.
The magistrate court deputy clerks
shall be appointed by the judge of the circuit court, or the
chief judge if there is more than one judge of the circuit
court, to serve at his or her will and pleasure under the
immediate supervision of the magistrate court clerk.
(b) Magistrate court deputy clerks shall have 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 if there is more than one judge of the circuit court.
Magistrate court deputy clerks may also exercise the power and
perform the duties of the magistrate court clerk as may be
delegated or assigned by the magistrate court clerk.
(c) A magistrate court deputy clerk may not be an immediate
family member of any magistrate, magistrate court clerk,
magistrate assistant or judge of the circuit court within the same county, may not have been convicted of a felony or any
misdemeanor involving moral turpitude and must reside in this
state. For purposes of this subsection, "immediate family
member" means a mother, father, sister, brother, child or
spouse.
(d) Magistrate court deputy clerks shall be paid a monthly
salary by the state on the same basis and in the same amounts
established 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.