Senate Bill No. 602
(By Senators Redd, Facemyer, Love and Unger)
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[Introduced March 26, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section nine-a, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing the
appointment of three additional magistrate court deputy
clerks.
Be it enacted by the Legislature of West Virginia:
That section nine-a, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9a. Magistrate court deputy clerks; salary; duties.
Whenever required by workload and upon the recommendation of
the judge of the circuit court, or the chief judge thereof of the circuit 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 fifty-seven sixty in
number. Such magistrate Magistrate court deputy clerks shall be
appointed by the judge of the circuit court, or the chief judge
thereof if there is more than one judge of the circuit court, with
such appointee to serve at his will and pleasure under the
immediate supervision of the magistrate court clerk. Such
magistrate The magistrate court deputy clerk shall have has such
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 thereof of the circuit if there is more than one judge
of the circuit court. Such magistrate Magistrate court deputy
clerks shall also have authority to may exercise the power and
perform the duties of the magistrate court clerk as may be
delegated or assigned by such the magistrate court clerk.
Such The magistrate court deputy clerk shall may not be a
member of the immediate family of any magistrate, magistrate court
clerk, magistrate assistant or circuit court judge within the same
county, shall may not have been convicted of a felony or any misdemeanor involving moral turpitude and shall reside in the state
of West Virginia. For the purpose of this section, "immediate
family" shall mean means the relationships of mother, father,
sister, brother, child or spouse.
Magistrate court deputy clerks shall be paid a monthly salary
by the state. Such The salary shall be paid on the same basis and
in the same applicable amounts as for magistrate assistants in each
county as provided in section nine of this article.
NOTE: The purpose of this bill is to authorize three
additional magistrate court deputy clerks.
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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