ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2305



( By Delegates Webster, Wells, Ferro, Miley, Frazier, Schoen, Lane, Wooton, Hunt and Barker)

[Passed April 7, 2009; in effect ninety days from passage.]


AN ACT to amend and reenact §51-1-11 of the Code of West Virginia, 1931, as amended, relating to the clerks office of the Supreme Court; revising appointment, bonding and compensation provisions of the clerk; and revising appointment and compensation provisions of clerks office staff.

Be it enacted by the Legislature of West Virginia:
That §51-1-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-11. Appointment and compensation of the Clerk and employees of the clerks' office; compensation.

The justices of the supreme court of appeals may appoint a clerk. Notwithstanding any code provision to the contrary, no bond shall be required to be posted by the clerk. The justices of the supreme court of appeals may also appoint any other full-time and part-time professional and clerical assistants necessary to efficiently perform the functions and duties of the office of the clerk. These employees shall serve at the will and pleasure of the justices of the supreme court of appeals. The salary of the clerk and persons employed within the office of the clerk shall be established by the justices of the supreme court of appeals. If any position becomes vacant while the supreme court of appeals is in vacation, the position may be filled by appointment, in writing, issued by the justices of the supreme court of appeals.