H. B. 2748
(By Delegates Boggs and C. White)
[Introduced January 12, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article twelve, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to discharging
probation officers and circuit court clerical assistants for
Be it enacted by the Legislature of West Virginia:
That section five, article twelve, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-5. Probation officers and assistants.
(a) Each circuit court, subject to the approval of the
supreme court of appeals and in accordance with its rules, is
authorized to appoint one or more probation officers and clerical
assistants, which probation officers and clerical assistants are subject to discharge only for cause.
(b) The appointment of probation officers and clerical
assistants shall be in writing and entered on the order book of
the court by the judge making such appointment and a copy of said
order of appointment shall be delivered to the administrative
director of the supreme court of appeals. The order of
appointment shall state the monthly salary, fixed by the judge
and approved by the supreme court of appeals, to be paid the
probation officer or clerical assistants so appointed.
(c) The salary of probation officers and clerical assistants
shall be paid monthly or semimonthly, as the supreme court of
appeals by rule may direct and they shall be reimbursed for all
reasonable and necessary expenses actually incurred in the line
of duty in the field. The salary and expenses shall be paid by
the state from the judicial accounts thereof. The county
commission shall provide adequate office space for the probation
officer and his or her assistants to be approved by the
appointing court. The equipment and supplies as may be needed by
the probation officer and his or her assistants shall be provided
by the state and the cost thereof shall be charged against the
judicial accounts of the state.
(d) No judge may appoint any probation officer, assistant
probation officer or clerical assistant who is related to him or
her either by consanguinity or affinity.
(e) Subject to the approval of the supreme court of appeals
and in accordance with its rules, a judge of a circuit court
whose circuit comprises more than one county may appoint a
probation officer and a clerical assistant in each county of the
circuit or may appoint the same persons to serve in these
respective positions in two or more counties in the circuit.
(f) Nothing contained in this section alters, modifies,
affects or supersedes the appointment or tenure of any probation
officer, medical assistant or psychiatric assistant appointed by
any court under any special act of the Legislature heretofore
enacted, and the salary or compensation of those persons shall
remain as specified in the most recent amendment of any special
act until changed by the court, with approval of the supreme
court of appeals, by order entered of record, and any such salary
or compensation shall be paid out of the state treasury.
NOTE: The purpose of this bill is to provide that probation
officers and clerical assistants to circuit court judges may be
discharged only for cause.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.