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Engrossed Committee Substitute House Bill 4292 History

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HB4292 ENG SUB
ENGROSSED

COMMITTEE SUBSTITUTE

for

H. B. 4292


(By Delegates Morgan, Stephens, Staggers,

Craig, Manchin and Miley)


(Originating in the Committee on the Judiciary.)

[February 19, 2010]


A BILL to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to requirements to serve as a magistrate; requiring a bachelor degree or two years of experience to serve as a magistrate; authorizing the Supreme Court Administrator to dismiss magistrates from annual training; and deleting antiquated provisions.

Be it enacted by the Legislature of West Virginia:

That §50-1-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. COURTS AND OFFICERS.

§50-1-4. Qualifications of magistrates; training; oath; continuing education; time devoted to public duties.
(a) Each Effective January 1, 2014, a person is qualified to serve as a magistrate shall be if he or she:
(1) is at least twenty-one years of age;
(2) has at least a bachelor degree from an accredited college, or has at a minimum two years of experience as a magistrate: Provided, That those persons holding the office of magistrate on January 1, 2014,
shall have at least a high school education or its equivalent;
(3) shall has not have been convicted of any a felony, or any misdemeanor involving moral turpitude; and
(4) reside resides in the county of his or her election.

(b) No A magistrate shall may not be a member of the immediate family of any other magistrate in the county. In the event If more than one member of an immediate family shall be is elected in a county, only the member receiving the highest number of votes shall be eligible to serve. For purposes of this section, "immediate family" means the relationship of mother, father, sister, brother, child or spouse. Notwithstanding the foregoing provisions of this section, each person who held the office of justice of the peace on the fifth day of November, one thousand nine hundred seventy-four, and who served in or performed the functions of such office for at least one year immediately prior thereto shall be deemed qualified to run for the office of magistrate in the county of his residence.
(c) No person shall may assume the duties of magistrate unless he or she shall have first attended and has completed a course of instruction in rudimentary principles of law and procedure which shall be given in accordance with the supervisory rules of the Supreme Court of Appeals.
(d) All magistrates shall be are required to attend such other courses of continuing educational instruction training conferences as may be required by supervisory rule the rules of the Supreme Court of Appeals. Failure to attend such courses of continuing educational instruction training conference required by the rules of the Supreme Court of Appeals without good cause or prior dismissal by the Supreme Court Administrator shall constitute constitutes neglect of duty. Such courses shall be provided at least once every other year. Persons Magistrates attending such courses training conferences outside of the county of their residence shall be reimbursed by the state for expenses actually incurred in accordance with the supervisory rules of the Supreme Court of Appeals.
(e) Each magistrate shall, before assuming the duties of office, take an oath of office to be administered by the circuit judge of the county, or the chief judge thereof if there is more than one judge of the circuit court.
(f) Each magistrate shall maintain the qualifications for office at all times.
Each magistrate who serves five thousand or less in population shall devote such time to his public duties as shall be required by rule or regulation of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. Each magistrate who serves more than five thousand in population shall devote full time to his public duties. As nearly as practicable, the workload and the total number of hours required shall be divided evenly among the magistrates in a county by such judge.
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