H. B. 4596

(By Delegate Amores)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section eight, article seven, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to assistant prosecuting attorneys; and when the court may appoint a special prosecutor.

Be it enacted by the Legislature of West Virginia:
That section eight, article seven, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§7-7-8. Assistant prosecuting attorneys; appointment and compensation; when court may appoint attorney to prosecute.

The prosecuting attorney of each county may, in accordance with and limited by the provisions of section seven of this article, appoint practicing attorneys to assist him or her in the discharge of his or her official duties during his or her term of office. Any attorney so appointed shall be classified as an assistant prosecuting attorney and shall take the same oath and may perform the same duties as his or her principal. Each assistant shall serve at the will and pleasure of his or her principal and may be removed from office by the circuit court of the county in which he or she is appointed for any cause for which his or her principal might be removed.
If, in any case, the prosecuting attorney and his or her assistants are unable to act, or if in the opinion of the court it would be improper for him or his or her assistants to act, the court shall appoint some competent practicing attorney to act in that case. The court shall certify to the county commission the performance of that service when completed and recommend to the county commission a reasonable compensation for the attorney for his service, and the compensation, when allowed by the county commission, shall be paid out of the county treasury. a special prosecutor from the West Virginia prosecuting attorneys' institute, as provided in section six, article four of this chapter. No provision of this section shall be construed to prohibit the employment by any person of a practicing attorney to assist in the prosecution of any person or corporation charged with a crime.
The compensation to be paid to an assistant prosecuting attorney shall include compensation provided by law for any services he or she renders as attorney for any administrative board or officer of his or her county.

NOTE: The purpose of this bill is to provide for the appointment of a special prosecutor from the West Virginia Prosecuting Attorneys' Institute.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.