H. B. 3216
(By Delegates Kominar and Staggers)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §51-2A-19 of the Code of West Virginia,
1931, as amended; and to amend and reenact §51-9-10 of said
code, all relating to authorizing the Chief Justice of the
Supreme Court of Appeals of West Virginia to appoint senior
family court judges back to the bench.
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; and that §51-9-10 of said code be amended
and reenacted, all to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-19. Temporary assignment of family court judges.
(a) 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
of West Virginia may
assign
a senior status family court judge, the family court judge
of any other family court
circuit division, or any senior status circuit judge or circuit 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 is assigned. While so
assigned,
the senior status family court judge, 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) When, in the discretion of the Chief Justice of the
Supreme Court of Appeals
of West Virginia, the urgency or volume of
cases in a family court circuit so requires, the chief justice may
assign a senior status circuit judge, a circuit judge of any
judicial circuit
, a senior status family court judge, or a family
court judge of any family court division to serve temporarily in a
family court circuit. When a senior status circuit judge or other
circuit judge,
or senior status family court judge or a family
court judge of any family court division is so assigned, he or she
has all of the powers of a regularly elected family court judge.
(c) The Chief Justice of the Supreme Court of Appeals
of West
Virginia 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
of West Virginia 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.
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-10. Services of senior judges.
The
West Virginia Supreme Court of Appeals
of West Virginia is
authorized and empowered to create a panel of senior judges to
utilize the talent and experience of former
family court judges,
circuit court judges and supreme court justices of this state. The
Supreme Court of Appeals
of West Virginia shall promulgate rules
providing for said judges and justices to be assigned duties as
needed and as feasible toward the objective of reducing caseloads
and providing speedier trials to litigants throughout the state
Provided, That if reasonable payment shall be made to said judges
and justices on a per diem basis.
Provided, however, That However,
the per diem and retirement compensation of a senior judge shall
not exceed the salary of a sitting judge, and allowances shall also
be made for necessary expenses as provided for special judges under
articles two and nine of this chapter.
NOTE: This bill shall authorize the Chief Justice of the
Supreme Court of Appeals of West Virginia to appoint senior family
court judges to serve on the bench.
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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