ENROLLED
H. B. 2016
(By Delegates Stalnaker, Williams, Varner,
Beane, Ennis, Campbell and Michael)
[Passed March 10, 2006; in effect ninety days from passage.]
AN ACT to
amend and reenact §50-1-9a of the Code of West Virginia,
1931, as amended, relating to the administration of magistrate
courts generally; increasing the maximum number of magistrate
court deputy clerks that may be appointed from sixty-two to
seventy-two; and providing that magistrate court deputy
clerks
be paid on an annual basis
.
Be it enacted by the Legislature of West Virginia:
That §50-1-9a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9a. Magistrate court deputy clerks; duties; salary.
(a) Whenever required by workload and upon the recommendation
of the judge of the circuit court, or the chief judge of the
circuit court if there is more than one judge of the circuit court,
the Supreme Court of Appeals may, by rule, provide for the
appointment of magistrate court deputy clerks, not to exceed
seventy-two in number. The magistrate court deputy clerks shall be appointed by the judge of the circuit court, or the chief judge if
there is more than one judge of the circuit court, to serve at his
or her will and pleasure under the immediate supervision of the
magistrate court clerk.
(b) Magistrate court deputy clerks shall have the duties,
clerical or otherwise, as may be assigned by the magistrate court
clerk and as may be prescribed by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge if
there is more than one judge of the circuit court. Magistrate
court deputy clerks may also exercise the power and perform the
duties of the magistrate court clerk as may be delegated or
assigned by the magistrate court clerk.
(c) A magistrate court deputy clerk may not be an immediate
family member of any magistrate, magistrate court clerk, magistrate
assistant or judge of the circuit court within the same county, may
not have been convicted of a felony or any misdemeanor involving
moral turpitude and must reside in this State. For purposes of
this subsection, "immediate family member" means a mother, father,
sister, brother, child or spouse.
(d) Magistrate court deputy clerks shall be paid an annual
salary by the State on the same basis and in the same amounts
established for magistrate assistants in each county, as provided
in section nine of this article.
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