COMMITTEE SUBSTITUTE
FOR
H. B. 4309
(By Delegates Amores, Webster,
J. Smith, Smirl and Webb)
(Originating in the
Committee on the Judiciary)
[February 20, 2002]
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
designee 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, that a designee shall act as municipal court
judge in his or her stead: Provided, That the said designee 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.