H. B. 2542
(By Delegates Kallai, Manuel, Doyle and Nichols)
[Introduced February 17, 1995; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section thirteen, article one,
chapter fifty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to utilizing
retired magistrates in instances of demonstrated need.
Be it enacted by the Legislature of West Virginia:
That section thirteen, 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.
§50-1-13. Temporary service within or outside of county.
The chief justice of the supreme court of appeals or judge
of the circuit court of the county in which a magistrate is elected, or the chief judge thereof if there is more than one
judge of the circuit court, may order a magistrate to serve
temporarily at locations within the county other than at the
regular office or offices of such magistrate. In the event that
no sitting magistrate is available the appropriate appointing
justice or judge shall be authorized in instances referenced in
this code section to appoint a retired magistrate pursuant to
rules as promulgated by the supreme court of appeals.
The chief justice of the supreme court of appeals or judge
of the circuit court of the county in which a magistrate is
elected, or the chief judge thereof if there is more than one
judge of the circuit court, may by order direct a magistrate to
serve temporarily in any other county within the judicial circuit
for such purposes as the judge may direct. Such magistrate's
authority, to the extent ordered by such judge, shall be equal to
the jurisdiction and authority of a magistrate elected in the
county to which such magistrate is ordered to serve. Such
temporary assignment may not exceed sixty days in length in any
given calendar year, except with the consent of the transferred
magistrate. Magistrates shall be reimbursed for such reasonable expenses incurred in service outside of the county as provided
for by rule of the supreme court of appeals.
NOTE: The purpose of this bill is to permit the use of
retired magistrates as needed
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.