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Introduced Version House Bill 4361 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2016 regular session

Introduced

House Bill 4361

By Delegates Marcum, Phillips, J. Nelson, Frich, P. White, R. Smith, Westfall, rodighiero, Hicks, Faircloth and Wagner                                                                        

[Introduced February 2, 2016; Referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-3-19, relating to requiring that senior status circuit judges only fill vacancies in districts or counties in which they were not previously elected.


Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-3-19, to read as follows:


ARTICLE 3. COURTS GENERALLY.

§51-3-19. Senior status circuit judge assignments.

Upon the occurrence of a vacancy in the office of a circuit court judge or a family court judge that requires the assignment of a judge to hear and determine matters pending before that court, the Chief Justice of the Supreme Court of Appeals shall not assign a senior status circuit judge to fill a vacancy in a district or county in which the senior status circuit judge was elected and previously served.

 

NOTE: The purpose of this bill is to prohibit a senior status judge from filling a vacancy in the district or county in which they were formerly elected.

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

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