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
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:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS;
COUNTY ASSISTANTS, DEPUTIES AND EMPLOYEES,
THEIR NUMBER AND COMPENSATION.
§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.