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Introduced Version Senate Bill 334 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 334

(By Senators Kessler, Hunter and McKenzie)

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[Introduced January 24, 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 §51-2A-19 of the Code of West Virginia, 1931, as amended, relating to creating a panel of senior status family court judges; and providing temporary assignment of such judges.

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: Provided, That reasonable payment shall be made to the senior status family court judges on a per diem basis: Provided, however, That the per diem and retirement compensation of a senior status family court judge shall not exceed the salary of a sitting family court judge, and allowances shall be made for necessary expenses as provided for special judges under article two and article nine of this chapter.
(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 judge 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 appeals 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.



NOTE: The purpose of this bill is to create a panel of senior status family court judges and to provide for the temporary assignment for family court judges.

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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