Senate Bill No. 495
(By Senators Minard and Plymale)
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[Introduced February 5, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §50-1-4 of the Code of West Virginia,
1931, as amended, relating to the educational background of
magistrates.
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.
Each magistrate shall be at least twenty-one years of age,
shall have a high school education or its equivalent, shall may not
have been convicted of any felony or any misdemeanor involving
moral turpitude and shall reside in the county of his
or her
election.
Each magistrate shall have a bachelor's degree. An associate's degree in criminal justice or four years of experience
as a magistrate is sufficient to satisfy the bachelor's degree
requirement set forth in this section. No A magistrate
shall may
not be a member of the immediate family of any other magistrate in
the county. In the event 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 is 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 November 5,
1974, and who served in or performed the functions of
such
that office for at least one year immediately prior thereto
shall
be deemed is qualified to run for the office of magistrate in the
county of his
or her residence.
No A person
shall may not assume the duties of magistrate
unless he
or she shall have first attended and completed first
attends and completes 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.
All magistrates
shall be are required to attend
such other
courses of continuing educational instruction as
may be required by
supervisory rule of the Supreme Court of Appeals. Failure to
attend
such the courses of continuing educational instruction
without good cause
shall constitute constitutes neglect of duty.
Such The courses shall be provided at least once every other year.
Persons attending
such the courses 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.
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. 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
or her 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
or her 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 the appropriate judge.
NOTE: The purpose of this bill is to require magistrates to
possess at minimum a bachelor's degree, or alternatively, an
associate's degree in criminal justice.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.