COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 334
(By Senators Kessler, Hunter and McKenzie)
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[Originating in the Committee on the Judiciary;
reported January 29, 2008.]
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A BILL to amend and reenact §51-2A-19 of the Code of West Virginia,
1931, as amended, relating to creating a panel of senior
status family court judges; providing temporary assignment of
such judges; and providing for reasonable payment.
Be it enacted by the Legislature of West Virginia:
That §51-2A-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-19.
Panel of senior status family court judges created and
providing temporary assignment of family court
judges.
(a)
The West Virginia Supreme Court of Appeals is hereby
authorized to create a panel of senior status family court judges
to utilize the talent and experience of former family court judges
of this state. The Supreme Court of Appeals shall promulgate rules
providing for the senior status judges to be assigned duties as needed toward the objective of reducing caseloads and providing the
most efficient service to litigants throughout the state.
Reasonable payment shall be made to the senior status family court
judges.
(b) Upon the occurrence of a vacancy in the office of family
court judge, the disqualification of a family court judge or the
inability of a family court judge to attend to his or her duties
because of illness, temporary absence or any other reason, the
chief justice of the Supreme Court of Appeals may assign the family
court judge of any other family court circuit, or any senior status
family court judge, senior status circuit judge,
or circuit judge
of any judicial circuit sitting family court judge or sitting
circuit court judge of any judicial circuit, to hear and determine
any and all matters
then or thereafter pending in the family court
to which the family court judge
who is unable to fulfill his or her
duties is assigned.
Any senior status family court judge, senior
status circuit court judge, sitting family court judge or sitting
circuit judge shall have all the powers he or she would have if he
or she would have been elected to serve in the family court
circuit. While so assigned, the family court judge, senior status
circuit judge or circuit judge has all of the powers of the
regularly elected family court judge of the family court circuit.
(b) (c) When, in the discretion of If the chief justice of the
Supreme Court of Appeals
, the urgency or volume of cases
determines that an urgent need for an additional judge exists due
to an excessive caseload in a family court circuit
so requires, the chief justice he or she may assign a senior status
family court
judge or senior status circuit judge, a
sitting family court judge
or a sitting circuit judge of any judicial circuit
or a family
court judge of any family court division to serve temporarily in
a
the family court circuit
experiencing an excessive workload. When
a senior status
family court, senior status circuit judge or
other
sitting family court or sitting circuit
court judge is
so assigned
to serve in a family court circuit to reduce the caseload, he or
she has all of the powers
he or she would have if he or she would
have been elected to serve in the family court circuit. of a
regularly elected family court judge
(c) The chief justice of the Supreme Court of Appeals may
appoint a person who has previously served as a family law master
or family court judge to serve as a temporary family court judge as
disqualification, recusal, vacation, illness or the ends of justice
may dictate.
(d) The Supreme Court of Appeals shall promulgate a
supervisory rule setting forth educational requirements for persons
assigned to serve temporarily as family court judges pursuant to
the provision of this section.
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NOTE: The purpose of this bill is to create a panel of senior
status family court judges; to provide for the temporary assignment
for family court judges; and also to provide for reasonable
payment.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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