H. B. 2386
(By Delegates Schadler and Amores)
[Introduced
January 17, 2003
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article one, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section nine-b,
relating to appointment of senior magistrate court clerks;
authorizing the supreme court of appeals to promulgate rules
for senior magistrate court clerks; providing for reasonable
compensation to senior clerks; providing for allowances for
necessary expenses to provide senior clerks and for
reimbursement of certain expenses incurred by senior clerks.
Be it enacted by the Legislature of West Virginia:
That article one, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section nine-b, to read as
follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9b. Appointment of senior magistrate court clerks.
The West Virginia supreme court of appeals is authorized and
empowered to create a panel of senior magistrate court clerks to
utilize the talent and experience of former magistrate court clerks
of this state. The supreme court of appeals shall promulgate rules
providing for said senior magistrate court clerks to be assigned
duties as needed to provide senior magistrate court clerks to serve
in the place of magistrate court clerks who are on authorized
leave or are otherwise unavailable, or whenever a vacancy occurs in
any magistrate court clerk's office in this state until the vacancy
is filled. The supreme court of appeals shall provide reasonable
payment to senior magistrate court clerks on a per diem basis:
Provided, That the per diem and retirement compensation of a senior
magistrate court clerk may not exceed the salary of the magistrate
court clerk in whose place the senior clerk is serving, and
allowances shall also be made for necessary expenses for providing
the services of senior magistrate court clerks and for
reimbursement of reasonable expenses incurred by senior clerks
serving outside the county of his or her residence.
NOTE: The purpose of this bill is to provide for a panel of
senior magistrate court clerks to serve in substitution for
magistrate court clerks who are on authorized leave, are otherwise
unavailable, or whenever a vacancy occurs, until the vacancy is
filled.
This section is new; therefore, strike-throughs and
underscoring have been omitted.