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Introduced Version Senate Bill 337 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 337

(By Senators Kessler, White and Yoder)

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[Introduced January 24, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §51-1-11 of the Code of West Virginia, 1931, as amended, relating to the removal of obsolete language concerning the Clerk of the Supreme Court of Appeals.

Be it enacted by the Legislature of West Virginia:
That §51-1-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-11. Appointment and compensation of the clerk and employees of the clerks' office; compensation.

The justices of the Supreme Court of Appeals or judges thereof in vacation, may appoint a clerk, who shall give post bond as required by article two, chapter six of this code. The annual compensation of the clerk shall be fixed established by the court, and shall be not less than seven thousand dollars, payable in equal monthly installments out of the state Treasury, and shall be in lieu of all other fees, costs, allowances, compensation, perquisites and income of whatever kind by virtue of his office court. The justices of the Supreme Court of Appeals or judges thereof in vacation, may appoint one deputy clerk, one associate clerk, one assistant clerk, one proofreader and such any other full-time and part-time professional and clerical assistants as are deemed necessary to efficiently perform properly the functions and duties of the office of the clerk. And the said court or judges thereof in vacation, shall fix their compensation Such employees shall serve at the will and pleasure of the justices of the Supreme Court of Appeals. The salary of any person employed to staff the office of the clerk shall be established by the justices of the Supreme Court of Appeals and paid which shall be payable out of the biennium appropriations made by the Legislature, of West Virginia, personal service account, for the spending unit of the Supreme Court of Appeals, by requisitions drawn against the Auditor of the State of West Virginia according to law. All of such officers shall be removable at the pleasure of the court or judges. Vacancies in the office of the clerk occurring during vacation may be filled by appointment, in writing, made by the judges of the court or a majority thereof. If the position of clerk shall become vacant while the Supreme Court of Appeals is in vacation, the position may be filled by appointment, in writing, issued by the justices of the Supreme Court of Appeals.
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(NOTE: The purpose of this bill is to remove obsolete language concerning the Clerk of the Supreme Court of Appeals.

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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