H. B. 4312
(By Delegates Marshall, C. White and Yeager)
[Introduced January 30, 2002; referred to the
Committee on 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 municipal courts; and
requiring municipal court judges to tax, as part of the cost
of criminal proceedings, the expense of maintaining
defendants in jail.
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.
PART II. MUNICIPAL COURT.
§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.
(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 the 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 after that,
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.
(e) When a defendant is sentenced to a period of confinement
in a county or regional jail, the
municipal court judge shall
tax,
as part of the cost of the proceeding, the expense of maintaining
the defendant in the jail.
NOTE: The purpose of this bill is to
require municipal court
judges to tax, as part of the cost of criminal proceedings, the
expense of maintaining defendants in jail.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.