COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 11
(By Senators Yoder and Barnes)
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[Originating in the Committee on the Judiciary;
reported February 9, 2006.]
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A BILL to amend and reenact §51-2-1 of the Code of West Virginia,
1931, as amended, relating to adding one circuit court judge
to the twenty-third judicial circuit effective the first day
of August, two thousand six.
Be it enacted by the Legislature of West Virginia:
That §51-2-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-1. Judicial circuits; terms of office; legislative findings
and declarations; elections; terms of court.
(a) The state shall be divided into the following judicial
circuits with the following number of judges:
The counties of Brooke, Hancock and Ohio shall constitute the
first circuit and shall have four judges; the counties of Marshall,
Tyler and Wetzel shall constitute the second circuit and shall have
two judges; the counties of Doddridge, Pleasants and Ritchie shall
constitute the third circuit and shall have one judge; the counties
of Wood and Wirt shall constitute the fourth circuit and shall have three judges; the counties of Calhoun, Jackson, Mason and Roane
shall constitute the fifth circuit and shall have two judges; the
county of Cabell shall constitute the sixth circuit and shall have
four judges; the county of Logan shall constitute the seventh
circuit and shall have two judges; the county of McDowell shall
constitute the eighth circuit and shall have two judges; the county
of Mercer shall constitute the ninth circuit and shall have two
judges; the county of Raleigh shall constitute the tenth circuit
and shall have three judges; the counties of Greenbrier and
Pocahontas shall constitute the eleventh circuit and shall have two
judges; the county of Fayette shall constitute the twelfth circuit
and shall have two judges; the county of Kanawha shall constitute
the thirteenth circuit and shall have seven judges; the counties of
Braxton, Clay, Gilmer and Webster shall constitute the fourteenth
circuit and shall have two judges; the county of Harrison shall
constitute the fifteenth circuit and shall have three judges; the
county of Marion shall constitute the sixteenth circuit and shall
have two judges; the county of Monongalia shall constitute the
seventeenth circuit and shall have two judges; the county of
Preston shall constitute the eighteenth circuit and shall have one
judge; the counties of Barbour and Taylor shall constitute the
nineteenth circuit and shall have one judge; the county of Randolph
shall constitute the twentieth circuit and shall have one judge;
the counties of Grant, Mineral and Tucker shall constitute the
twenty-first circuit and shall have two judges; the counties of
Hampshire, Hardy and Pendleton shall constitute the twenty-second
circuit and shall have one judge; the counties of Berkeley,
Jefferson and Morgan shall constitute the twenty-third circuit and shall have four judges:
Provided, That effective the first day of
August, two thousand six, said circuit shall have five judges; the
county of Wayne shall constitute the twenty-fourth circuit and
shall have one judge; the counties of Lincoln and Boone shall
constitute the twenty-fifth circuit and shall have two judges; the
counties of Lewis and Upshur shall constitute the twenty-sixth
circuit and shall have one judge; the county of Wyoming shall
constitute the twenty-seventh circuit and shall have one judge; the
county of Nicholas shall constitute the twenty-eighth circuit and
shall have one judge; the county of Putnam shall constitute the
twenty-ninth circuit and shall have two judges; the county of Mingo
shall constitute the thirtieth circuit and shall have one judge;
and the counties of Monroe and Summers shall constitute the
thirty-first circuit and shall have one judge:
Provided, That the
Kanawha County circuit court shall be a court of concurrent
jurisdiction with each single judge circuit where the sitting judge
in such single judge circuit is unavailable by reason of sickness,
vacation or other reason.
(b) Any judge in office on the effective date of the
reenactment of this section shall continue as a judge of the
circuit as constituted under prior enactments of this section,
unless sooner removed or retired as provided by law, until the
thirty-first day of December, two thousand.
(c) The term of office of all circuit court judges shall be
for eight years. The term of office for all circuit court judges
elected during the general election conducted in the year two
thousand shall commence on the first day of January, two thousand
one, and end on the thirty-first day of December, two thousand eight.
(d) Beginning with the primary and general elections to be
conducted in the year one thousand nine hundred ninety-two, in all
judicial circuits having two or more judges there shall be, for
election purposes, numbered divisions corresponding to the number
of circuit judges in each circuit. Each judge shall be elected at
large from the entire circuit. In each numbered division of a
judicial circuit, the candidates for nomination or election shall
be voted upon and the votes cast for the candidates in each
division shall be tallied separately from the votes cast for
candidates in other numbered divisions within the circuit. The
candidate receiving the highest number of the votes cast within a
numbered division shall be nominated or elected, as the case may
be:
Provided, That beginning with the primary and general
elections to be conducted in the year two thousand, judges serving
a judicial circuit comprised of four or more counties with two or
more judges shall not be residents of the same county.
(e) The Supreme Court shall, by rule, establish the terms of
court of circuit judges.
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(NOTE: The purpose of this bill is to add one circuit court
judge to the twenty-third judicial circuit, which is comprised of
Berkeley, Jefferson and Morgan counties, effective August 1, 2006.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)