H. B. 2335
(By Delegates Love, Givens, Ennis, Pettit,
Osborne and Ball)
[Introduced February 2, 1995; referred to the
Committee on the Judiciary then Finance.]
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 raising the cap
on the number of deputy clerks from fifty-four to
fifty-seven.
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 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-four
fifty-seven in number. Such 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 court deputy clerk shall have such 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 if there is more than one judge of the circuit court.
Such magistrate court deputy clerks shall also have authority to
exercise the power and perform the duties of the magistrate court
clerk as may be delegated or assigned by such magistrate court
clerk.
Such magistrate court deputy clerk shall 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 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 the relationships of mother,
father, sister, brother, child or spouse.
Magistrate court deputy clerks shall be paid a monthly
salary by the state. Such 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 raise the number of
deputy clerks from fifty-four to fifty-seven.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.