H. B. 2789
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth and Kominar)
[Introduced February 1, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-1-9b of the Code of West Virginia,
1931, as amended, relating to authorizing the Supreme Court of
Appeals to create a panel of senior status magistrate
assistants.
Be it enacted by the Legislature of West Virginia:
That §50-1-9b of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9b. Appointment of senior magistrate court clerks and
assistants.
The West Virginia Supreme Court of Appeals is authorized to
create a panel of senior magistrate court clerks
and assistants to
utilize the talent and experience of former magistrate court clerks
and assistants of this state. The Supreme Court of Appeals shall
promulgate rules providing for senior magistrate court clerks
and assistants to be assigned duties as needed to serve: (1) In the
place of magistrate court clerks
or assistants who are on
authorized leave or are otherwise unavailable; or (2) while there
is a vacancy in a magistrate court clerk's office
or a magistrate's
office. The Supreme Court of Appeals shall further promulgate
rules to provide for: (1) Reimbursement of travel and other
necessary expenses actually incurred while the senior clerk
or
senior assistant is serving outside the county of his or her
residence; and (2) reasonable compensation on a per diem basis:
Provided, That the per diem and retirement compensation of a senior
magistrate court clerk
or senior magistrate assistant may not
exceed the salary of the magistrate court clerk
or assistant in
whose place the senior clerk
or assistant is serving.
NOTE: The purpose of this bill is to authorize the Supreme
Court of Appeals to create a panel of senior status magistrate
assistants and to promulgate rules allowing for the compensation of
such services.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.