SB 277 Text

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Introduced Version Senate Bill 277 History

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sb277 intr Senate Bill No. 277
(By Senators Foster, Hunter and Plymale)
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[Introduced January 21, 2008; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §50-1-9b of the Code of West Virginia, 1931, as amended, relating to authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants.

Be it enacted by the Legislature of West Virginia:
That §50-1-9b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.

§50-1-9b. Appointment of senior magistrate court clerks and assistants.

The West Virginia Supreme Court of Appeals is authorized to create a panel of senior magistrate court clerks and assistants to utilize the talent and experience of former magistrate court clerks and assistants of this state. The West Virginia Supreme Court of Appeals shall promulgate rules providing for senior magistrate court clerks and assistants to be assigned duties as needed to serve: (1) In the place of magistrate court clerks or assistants who are on authorized leave or are otherwise unavailable; or (2) while there is a vacancy in a magistrate court clerk's office or a magistrate's office. The West Virginia Supreme Court of Appeals shall further promulgate rules to provide for: (1) Reimbursement of travel and other necessary expenses actually incurred while the senior clerk or senior assistant is serving outside the county of his or her residence; and (2) reasonable compensation on a per diem basis: Provided, That the per diem and retirement compensation of a senior magistrate court clerk may not exceed the salary of the magistrate court clerk in whose place the senior clerk is serving and the per diem and retirement compensation of a senior magistrate assistant may not exceed the salary of the assistant in whose place the senior assistant is serving.

NOTE: The purpose of this bill is to authorize the West Virginia Supreme Court of Appeals to create a panel of senior status magistrate assistants, allowing the West Virginia Supreme Court to employ retired magistrate assistants when current assistants are on medical leave. Currently, the law allows for the West Virginia Supreme Court to have the same type of panel for magistrates and magistrate clerks.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.