Introduced Version
Senate Bill 277 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 277
(By Senators Foster, Hunter and Plymale)
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[Introduced January 21, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §50-1-9b of the Code of West Virginia,
1931, as amended, relating to authorizing the Supreme Court of
Appeals to create a panel of senior status magistrate
assistants.
Be it enacted by the Legislature of West Virginia:
That §50-1-9b of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9b. Appointment of senior magistrate court clerks and
assistants.
The West Virginia Supreme Court of Appeals is authorized to
create a panel of senior magistrate court clerks and assistants to
utilize the talent and experience of former magistrate court clerks
and assistants of this state. The West Virginia Supreme Court of
Appeals shall promulgate rules providing for senior magistrate court clerks and assistants to be assigned duties as needed to
serve: (1) In the place of magistrate court clerks or assistants
who are on authorized leave or are otherwise unavailable; or (2)
while there is a vacancy in a magistrate court clerk's office or a
magistrate's office. The West Virginia Supreme Court of Appeals
shall further promulgate rules to provide for: (1) Reimbursement
of travel and other necessary expenses actually incurred while the
senior clerk or senior assistant is serving outside the county of
his or her residence; and (2) reasonable compensation 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 the per diem and retirement compensation of a senior magistrate
assistant may not exceed the salary of the assistant in whose place
the senior assistant is serving.
NOTE: The purpose of this bill is to authorize the West
Virginia Supreme Court of Appeals to create a panel of senior
status magistrate assistants, allowing the West Virginia Supreme
Court to employ retired magistrate assistants when current
assistants are on medical leave. Currently, the law allows for the
West Virginia Supreme Court to have the same type of panel for
magistrates and magistrate clerks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.