Senate Bill No. 5
(By Senators Hunter and Love)
____________
[Introduced January 8, 2003; referred to the Committee on the
Judiciary and then to the Committee on 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 temporary appointment of retired magistrate clerks
in single-clerk counties.
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 nine-b, to read as
follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9b. Temporary appointment of retired magistrate clerks.
The judge of the circuit court, or the chief judge thereof if
there is more than one judge of the circuit court may create a
panel of senior or retired magistrate clerks who have served in single clerk counties to utilize the talent and experience of those
retired magistrate clerks of this state. The judge of the circuit
court, or the chief judge thereof if there is more than one judge
of the circuit court
shall promulgate rules providing for senior or
retired magistrate clerks to be assigned duties as needed and as
feasible toward the objective of reducing caseloads and providing
for replacement of magistrate clerks of single clerk counties who
are unavailable: Provided, That reasonable payment shall be made
to the senior or retired magistrate clerks on a per diem basis:
Provided, however, That the per diem and retirement compensation of
a senior or retired magistrate clerk may not exceed the salary of
a sitting magistrate clerk and allowances shall also be made for
necessary expenses pursuant to the travel regulations of the
supreme court of appeals.
NOTE: The purpose of this bill is to
provide temporary
appointment of senior or retired magistrate clerks in single clerk
counties when the clerks of those counties are unavailable.
This section is new; therefore, strike-throughs and
underscoring have been omitted.