H. B. 3083
(By Delegates Spencer, Amores, Beane and Perdue)
[Introduced February 20, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section eleven, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the location of magistrate
courts generally; and providing that magistrate court may be
temporarily held in various locations throughout the county.
Be it enacted by the Legislature of West Virginia:
That section eleven, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-11. Offices for magistrates; location; expenses; copy of
state code.
Subject to the rules of the supreme court of appeals, the
location of offices for magistrates shall be determined by order of
the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. When required by
geography or population dispersion and in order to make such
offices accessible to the public, an order may require more than
one location for each magistrate. As near as practicable within a
county, all office accommodations shall be comparable. All
expenses of acquiring or renting offices and utility and telephone
expenses shall be paid by the county. All other expenses,
including, but not limited to, expenses for furniture, equipment
and supplies, shall be paid by the state. The administrative
director of the supreme court of appeals shall supply each
magistrate with a current copy of the West Virginia code which
shall remain the property of the state.
Magistrates who serve at more than one location within the
county, whether on a regular or temporary basis, shall be
reimbursed travel expenses for travel between locations at a rate
per mile equal to that allowed for reimbursement of travel expenses
of officers in the judicial branch of state government.
A magistrate may hold court in any acceptable public location
in the county on a temporary basis if the magistrate determines
that it is in the best interest of the public to do so and the
magistrate demonstrates to the satisfaction of the judge of the
circuit court, or the chief judge thereof
that it would be cost
effective and that the interest of justice will be served.
NOTE: The purpose of this bill is to provide that magistrate
court may be temporarily held in various locations throughout the
county.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.