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Introduced Version House Bill 4710 History

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Key: Green = existing Code. Red = new code to be enacted
HB4710 intr
H. B.4710


(By Delegates Proudfoot, Guthrie, Lane, Long,

Sobonya, Azinger, Schadler, Miley, Tabb, and Ellem)


(Originating in the Committee on Judiciary)


[February 24, 2008]


A BILL to amend and reenact § 50-1-6a of the code of West Virginia, 1931, as amended, relating to providing that counties may petition for additional temporary magistrates to serve during off-hours; additional compensation for those magistrates.

Be it enacted by the Legislature of West Virginia:

That § 50-1-6a of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. COURTS AND OFFICERS.

§50-1-6a. Temporary appointment of retired magistrates.

(a) The West Virginia supreme court of appeals is authorized and empowered to create a panel of senior magistrates to consist of, and to utilize the talent and experience of, retired magistrates of this state. The supreme court of appeals shall promulgate rules providing for such senior magistrates to be assigned duties as needed and as feasible toward the objective of
reducing caseloads and providing for replacement of magistrates who are unavailable: Provided, That reasonable payment shall be made to said the senior magistrates on a per diem basis: Provided, however, That the per diem and retirement compensation of a senior magistrate shall may not exceed the salary of a sitting magistrate and allowances shall also be made for necessary expenses pursuant to the travel regulations of the supreme court of appeals.
(b) In addition to the aforesaid reasons for temporarily utilizing retired or former magistrates, if a county so deems it feasible and appropriate, the county may request the supreme court of appeals to temporarily appoint a retired or former magistrate to serve that county during certain off-hours and days of the week when the county believes an additional available magistrate may serve to reduce jail incarcerations and jail costs.

(c) Any such appointment shall not exceed six months.

(d) Given that the temporarily appointed retired or former magistrate will be asked to serve during off-hours, any retired or former magistrate who undertakes to fill such designation shall receive additional compensation to be determined by the supreme court of appeals.

(e) If, after a retired or former magistrate so serves, and the county determines that the presence of a magistrate during off hours effected a significant reduction of incarceration and jail costs, then the county may request the supreme court of appeals to
certify an additional magistrate to the ballot commissioners of that county, pursuant to section two, article one, chapter fifty.


NOTE: The purpose of this bill is to permit those counties who see fit to petition the Supreme Court of Appeals for the temporary appointment of a retired magistrate to serve during otherwise off- hours to ascertain if a magistrate on duty during off-hours would reduce incarceration rates and county jail expenses.

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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