SB 380 Text

ENGROSSED
Senate Bill No. 380
(By Senators Chafin, Buckalew, Snyder, Bailey, Kimble, Deem, Sprouse, Scott, Dugan, Boley, White, Dittmar and Minear)
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[Introduced March 20, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact sections one and twenty, article four, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making appointment of family law masters subject to the advice and consent of the Senate; and authorizing the circuit court to conduct a hearing de novo upon review of a family law master's recommended order.

Be it enacted by the Legislature of West Virginia:
That sections one and twenty, article four, chapter forty- eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. PROCEEDINGS BEFORE A MASTER.

§48A-4-1. Appointment of family law masters; term of office; vacancy; removal.

(a) The family law masters holding office on the effective date of this section by virtue of appointments made under the prior enactments of this article shall continue their service for a term of office ending on the thirtieth day of June, one thousand nine hundred ninety-eight. Before the first day of July, one thousand nine hundred ninety-eight, the governor shall appoint family law masters, by and with the advice and consent of the Senate, in such numbers and to serve from geographical regions of the state as provided for under the provisions of section four of this article, with terms commencing on the first day of July, one thousand nine hundred ninety-eight, and on a like date in every fourth year thereafter, and ending on the thirtieth day of June, two thousand two, and on a like date in every fourth year thereafter. Upon the expiration of his or her term, a family law master may continue to perform the duties of the office until the governor makes the appointment, or for sixty days after the date of the expiration of the master's term, whichever is earlier. If a vacancy occurs in the office of family law master, the governor shall, within thirty days after such vacancy occurs, fill the vacancy by appointment, by and with the advice and consent of the Senate, for the unexpired term: Provided, That if the remaining portion of the unexpired term to be filled is less than one year, the governor may, in his or her discretion, simultaneously appoint an individual to the unexpired term and to the next succeeding full four-year term.
(b) An individual may be reappointed to succeeding terms as a family law master, by and with the advice and consent of the Senate, to serve in the same or a different region of the state.
(c) Removal of a master during the term for which he or she is appointed shall be as follows:
(1) Upon a recommendation by the judicial hearing board created pursuant to the rules of procedure for the handling of complaints against justices, judges, magistrates and family law masters, if the supreme court of appeals shall find that a family law master has violated the judicial code of ethics or that the master, because of advancing years and attendant physical or mental incapacity, should not continue to serve, the supreme court of appeals may, in lieu of or in addition to any disposition authorized by such rules, remove the family law master from office; and
(2) The supreme court of appeals may remove a master when conduct of the family law master evidences incompetence, unsatisfactory performance, misconduct, neglect of duty or physical or mental disability.
§48A-4-20. Circuit court review of master's recommended order.
(a) The circuit court shall proceed to a review of the recommended order of the master when:
(1) No petition has been filed within the time allowed, or the parties have expressly waived the right to file a petition;
(2) A petition and an answer in opposition have been filed, or the time for filing an answer in opposition has expired, or the parties have expressly waived the right to file an answer in opposition, as the case may be.
(b) To the extent necessary for decision and when presented, the circuit court shall decide all relevant questions of law, interpret constitutional and statutory provisions and determine the appropriateness of the terms of the recommended order of the master.
(c) The circuit court shall examine the recommended order of the master, along with the findings and conclusions of the master, and may enter the recommended order, may recommit the case, with instructions, for further hearing before the master or shall, upon request of the party petitioner, provide for a hearing de novo, to be conducted before the court. Any hearing de novo requested pursuant to this section that involves unresolved issues of child custody or visitation, shall be scheduled, heard and decided on an expedited basis. In no event, unless due to the existence of extraordinary circumstances, may a matter involving child custody or visitation be left unaddressed and undecided by a court for more than ninety days from the date a hearing de novo is requested, unless by agreement of the parties. The court shall provide for the appointment of any necessary and unbiased child specialists or practitioners to provide technical support and guidance in resolving issues of child custody and visitation.
(d) Except for a hearing de novo, the order of the circuit court entered pursuant to the provisions of subsection (c) of this section shall be entered not later than ten days after the time for filing pleadings or briefs has expired or after the filing of a notice or notices waiving the right to file ~~such~~ the pleading or brief.
(e) If a case is recommitted by the circuit court, the master shall retry the matter within twenty days.
(f) At the time a case is recommitted or a hearing de novo is requested, the circuit court shall enter appropriate temporary orders awarding custody, visitation, child support, spousal support or ~~such~~ other temporary relief as the circumstances of the parties may require.

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