H. B. 2015
(By Delegate Boggs)
[Introduced January 8, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article twelve, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to discharging
probation officers and circuit court clerical assistants for
Be it enacted by the Legislature of West Virginia:
That section five, article twelve, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-5. Probation officers and assistants.
(a) Each circuit court, subject to the approval of the supreme
court of appeals and in accordance with its rules, is authorized to
appoint one or more probation officers and clerical assistants,
which probation officers and clerical assistants are subject to discharge only for cause.
(b) The appointment of probation officers and clerical
assistants shall be in writing and entered on the order book of the
court by the judge making such appointment and a copy of said order
of appointment shall be delivered to the administrative director of
the supreme court of appeals. The order of appointment shall state
the monthly salary, fixed by the judge and approved by the supreme
court of appeals, to be paid the probation officer or clerical
assistants so appointed.
(c) The salary of probation officers and clerical assistants
shall be paid monthly or semimonthly, as the supreme court of
appeals by rule may direct and they shall be reimbursed for all
reasonable and necessary expenses actually incurred in the line of
duty in the field. The salary and expenses shall be paid by the
state from the judicial accounts thereof. The county commission
shall provide adequate office space for the probation officer and
his or her assistants to be approved by the appointing court. The
equipment and supplies as may be needed by the probation officer
and his or her assistants shall be provided by the state and the
cost thereof shall be charged against the judicial accounts of the
(d) No judge may appoint any probation officer, assistant
probation officer or clerical assistant who is related to him or
her either by consanguinity or affinity.
(e) Subject to the approval of the supreme court of appeals
and in accordance with its rules, a judge of a circuit court whose
circuit comprises more than one county may appoint a probation
officer and a clerical assistant in each county of the circuit or
may appoint the same persons to serve in these respective positions
in two or more counties in the circuit.
(f) Nothing contained in this section alters, modifies,
affects or supersedes the appointment or tenure of any probation
officer, medical assistant or psychiatric assistant appointed by
any court under any special act of the Legislature heretofore
enacted, and the salary or compensation of those persons shall
remain as specified in the most recent amendment of any special act
until changed by the court, with approval of the supreme court of
appeals, by order entered of record, and any such salary or
compensation shall be paid out of the state treasury.
NOTE: The purpose of this bill is to provide that probation
officers and clerical assistants to circuit court judges may be
discharged only for cause.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would