H. B. 2396
(By Delegate Michael)
[Introduced March 4, 1997; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section two, article ten, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to police judges
and requiring them to complete mandatory training.
Be it enacted by the Legislature of West Virginia:
That section two, article ten, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
PART II. POLICE COURT OR MUNICIPAL JUDGE.
§8-10-2. Police court or municipal judge for municipalities.
(a) Notwithstanding any charter provision to the contrary,
any city may provide by charter provision and any municipality
may provide by ordinance for the creation and maintenance of a police or municipal court, for the appointment or election of an
officer to be known as police court judge or municipal court
judge, and for his
or her compensation, and authorize the
exercise by
such the court or judge of
such the court of the
jurisdiction and the judicial powers, authority and duties set
forth in section one of this article and similar or related
judicial powers, authority and duties enumerated in any
applicable charter provisions, as set forth in the charter or
ordinance.
Such court or judge shall in all events have the
criminal jurisdiction of a justice of the peace or magistrate
court, but such jurisdiction shall expire on the first day of
January, one thousand nine hundred seventy-seven.
(b) Effective the first day of July, one thousand nine
hundred ninety-seven, no person may assume the duties of police
judge unless he or she has first attended and completed a course
of instruction in rudimentary principles of law and procedure
which shall be given in accordance with the supervisory rules of
the supreme court of appeals.
NOTE: The purpose of this bill is to require mandatory
training for police judges.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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