H. B. 2848
(By Delegates Trump, Staton, and Fleischauer)
[Introduced March 28, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article one, chapter
forty-eight-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring that
family law masters serve for the geographical regions of the
state for which they are appointed.
Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter forty-eight-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended,
be amended and reenacted to read as follows:
ARTICLE 4. PROCEEDINGS BEFORE A MASTER.
§48A-4-1. Appointment of family law masters; term of office;
vacancy; removal.
(a) The family law masters holding office on the effective
date of this section by virtue of appointments made under the prior
enactments of this article shall continue their service for a term of office ending on the thirtieth day of June, one thousand nine
hundred ninety-eight. Before the first day of July, one thousand
nine hundred ninety-eight, the governor shall appoint family law
masters in such numbers and to serve from for geographical regions
of the state as provided for under the provisions of section four
of this article, with terms commencing on the first day of July,
one thousand nine hundred ninety-eight, and on a like date in every
fourth year thereafter, and ending on the thirtieth day of June,
two thousand two, and on a like date in every fourth year
thereafter. Upon the expiration of his or her term, a family law
master may continue to perform the duties of the office until the
governor makes the appointment, or for sixty days after the date of
the expiration of the master's term, whichever is earlier. If a
vacancy occurs in the office of family law master, the governor
shall, within thirty days after such vacancy occurs, fill the
vacancy by appointment for the unexpired term: Provided, That if
the remaining portion of the unexpired term to be filled is less
than one year, the governor may, in his or her discretion,
simultaneously appoint an individual to the unexpired term and to
the next succeeding full four-year term.
(b) An individual may be reappointed to succeeding terms as a
family law master to serve in the same or a different region of the
state.
(c) Removal of a master during the term for which he or she is
appointed shall be as follows:
(1) Upon a recommendation by the judicial hearing board
created pursuant to the rules of procedure for the handling of
complaints against justices, judges, magistrates and family law
masters, if the supreme court of appeals shall find that a family
law master has violated the judicial code of ethics or that the
master, because of advancing years and attendant physical or mental
incapacity, should not continue to serve, the supreme court of
appeals may, in lieu of or in addition to any disposition
authorized by such rules, remove the family law master from office;
and
(2) The supreme court of appeals may remove a master when
conduct of the family law master evidences incompetence,
unsatisfactory performance, misconduct, neglect of duty or physical
or mental disability.
Note: The purpose of this bill is to provide that Family Law
Masters serve in the geographic areas where they are assigned.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would be added.