ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4309
(By Delegates Amores, Webster,
J. Smith, Smirl and Webb)
[Passed February 28, 2002; in effect ninety days from passage.]
AN ACT 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 persons 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) 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 may
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 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.