(By Delegates Boggs, Pino, Stemple, Perry and Talbott)
February 21, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact
of the Code of West Virginia,
1931, as amended, relating to
increasing the number of
allowable magistrate court deputy clerks; and designating an
additional deputy clerk for Braxton County.
Be it enacted by the Legislature of West Virginia:
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9a. Magistrate court deputy clerks; duties; salary.
(a) Whenever required by workload and upon the recommendation
of the judge of the circuit court, or the chief judge of the
circuit court if there is more than one judge of the circuit court,
the supreme court of appeals may, by rule, provide for the
appointment of magistrate court deputy clerks, not to exceed
sixty-two sixty-three in number: Provided, That effective the first day of July, two thousand five, the number of magistrate
court deputy clerks allowed for Braxton County is increased by one
from the number authorized on the first day of March, two thousand
three. The magistrate court deputy clerks shall be appointed by
the judge of the circuit court, or the chief judge if there is more
than one judge of the circuit court, to serve at his or her will
and pleasure under the immediate supervision of the magistrate
(b) Magistrate court deputy clerks shall have the duties,
clerical or otherwise, as may be assigned by the magistrate court
clerk and as may be prescribed by the rules of the supreme court of
appeals or the judge of the circuit court or the chief judge if
there is more than one judge of the circuit court. Magistrate
court deputy clerks may also exercise the power and perform the
duties of the magistrate court clerk as may be delegated or
assigned by the magistrate court clerk.
(c) A magistrate court deputy clerk may not be an immediate
family member of any magistrate, magistrate court clerk, magistrate
assistant or judge of the circuit court within the same county, may
not have been convicted of a felony or any misdemeanor involving
moral turpitude and must reside in this state. For purposes of
this subsection, "immediate family member" means a mother, father,
sister, brother, child or spouse.
(d) Magistrate court deputy clerks shall be paid a monthly salary by the state on the same basis and in the same amounts
established for magistrate assistants in each county, as provided
in section nine of this article.
The purpose of this bill is to increase, by one, the
number of magistrate court deputy clerks that may be appointed and
provide that the deputy clerk be appointed in Braxton County.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would