Senate Bill No. 337
(By Senators Kessler, White and Yoder)
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[Introduced January 24, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §51-1-11 of the Code of West Virginia,
1931, as amended, relating to the removal of obsolete language
concerning the Clerk of the Supreme Court of Appeals.
Be it enacted by the Legislature of West Virginia:
That §51-1-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-11. Appointment and compensation of the clerk and employees
of the clerks' office; compensation.
The
justices of the Supreme Court of Appeals
or judges thereof
in vacation, may appoint a clerk, who shall
give post bond as
required by article two, chapter six of this code. The annual
compensation of the clerk shall be
fixed established by the
court,
and shall be not less than seven thousand dollars, payable in equal
monthly installments out of the state Treasury, and shall be in lieu of all other fees, costs, allowances, compensation,
perquisites and income of whatever kind by virtue of his office
court. The
justices of the Supreme Court of Appeals
or judges
thereof in vacation, may appoint
one deputy clerk, one associate
clerk, one assistant clerk, one proofreader and such any other
full-time and part-time
professional and clerical assistants
as are
deemed necessary to
efficiently perform
properly the functions and
duties of the office of the clerk.
And the said court or judges
thereof in vacation, shall fix their compensation Such employees
shall serve at the will and pleasure of the justices of the Supreme
Court of Appeals. The salary of any person employed to staff the
office of the clerk shall be established by the justices of the
Supreme Court of Appeals and paid which shall be payable out of the
biennium appropriations made by the Legislature,
of West Virginia,
personal service account, for the spending unit of the Supreme
Court of Appeals, by requisitions drawn against the Auditor of the
State of West Virginia according to law.
All of such officers
shall be removable at the pleasure of the court or judges.
Vacancies in the office of the clerk occurring during vacation may
be filled by appointment, in writing, made by the judges of the
court or a majority thereof.
If the position of clerk shall become
vacant while the Supreme Court of Appeals is in vacation, the
position may be filled by appointment, in writing, issued by the
justices of the Supreme Court of Appeals.
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(NOTE: The purpose of this bill is to remove obsolete
language concerning the Clerk of the Supreme Court of Appeals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)