H. B. 4309
(By Delegates Amores, Webster,
J. Smith, Smirl, Webb)
[Introduced January 30, 2002; referred to the
Committee on Political Subdivisions then the Judiciary.]
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,
its municipal court clerk could serve in his or her stead.
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 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 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 shall act as municipal court judge in his or her stead:
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's charter or
municipality's 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 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) or municipalities (by ordinance) to allow for
the municipal court clerk to serve as municipal court judge in
the absence of, or inability to serve, of the municipal court
judge.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.