H. B. 4063
(By Delegates Rowe and Trump )
(Introduced January 20, 1994; referred to the
Committee on the Judiciary.)
A BILL to amend and reenact section two, article six, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the retirement of incapacitated justices, judges and magistrates, and the expulsion of members of the Legislature.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6. REMOVAL OF OFFICERS.
§
6
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6
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2.
Any justice, judge, or magistrate may be removed retired from office when incapable of discharging the duties of the office, because of advancing years and attendant physical or mental incapacity, in the manner prescribed in section seventeen eight of article eight of the constitution of this state., and by rules prescribed, adopted, promulgated and amended pursuant thereto.
The Senate or House of Delegates may expel a member of the body in the manner prescribed in section twenty-five of article six of the constitution.
NOTE: The purpose of this bill is to correct a section in the Code which no longer accurately reflects the constitutional law of the State. Section 17 of article VIII of the Constitution, as referred to in the current provisions of West Virginia Code, §6-6-2, was repealed by the Judicial Reorganization Amendment. The current provisions of section 8, article VIII of the Constitution provide a means for the retirement of justices, judges and magistrates because of advancing years and attendant physical or mental incapacity. §6-6-2, as rewritten, will reflect the current provisions of the Constitution.
Justices and Judges may otherwise be removed only by impeachment. Magistrates may be removed from office in the manner provided by law for the removal of county officials.
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