COMMITTEE SUBSTITUTE
FOR
H. B. 2305
(
By Delegates Webster, Wells, Ferro, Miley, Frazier, Schoen,
Lane, Wooton, Hunt and Barker)
(Originating in the House Judiciary Committee )
[February 13, 2009]
A BILL 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
or judges thereof
in vacation, may appoint a clerk.
who shall give bond as required
by article two, chapter six of this Code.
The annual compensation
of the clerk shall be fixed by the court, and shall be not less than seven thousand dollars, payable in equal monthly installments
out of the state treasury, and shall be in lieu of all other fees,
costs, allowances, compensation, perquisites and income of whatever
kind by virtue of his office. Not withstanding 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
or judges
thereof in vacation, may
also appoint
one deputy clerk, one
associate clerk, one assistant clerk, one proofreader and such any
other full-time and part-time
professional and clerical assistants
as are deemed necessary to
efficiently perform
properly the
functions and duties of the office of the clerk.
And the said court
or judges thereof in vacation, shall fix their compensation 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. which shall be payable
out of the biennium appropriations made by the legislature of West
Virginia, personal service account, for the spending unit of the
supreme court of appeals, by requisitions drawn against the auditor
of the State of West Virginia according to law. All of such
officers shall be removable at the pleasure of the court or judges.
Vacancies in the office of the clerk occurring during vacation may
be filled by appointment, in writing, made by the judges of the
court or a majority thereof.
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.
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