Senate Bill No. 771
(By Senators Wooton, Ball, Bowman, Dittmar, Kessler, Ross and
Schoonover)
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[Originating in the Committee on the Judiciary;
reported March 4, 1998.]
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A BILL to amend and reenact sections one and four, article four,
chapter forty-eight-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
the terms of office and the appointment of family law masters;
extending the current terms of office; creating new terms of
office; and providing for appointments with the advice and
consent of the Senate.
Be it enacted by the Legislature of West Virginia:
That sections one and four, 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 thirty-first day of
June
December, one thousand nine hundred ninety-eight. Before the first
day of
July January, one thousand nine hundred
ninety-eight ninety-
nine, the governor shall appoint family law masters
, by and with
the advice and consent of the Senate, in such numbers and to serve
for 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 January, one thousand nine hundred
ninety-
eight ninety-nine, and on a like date in every fourth year
thereafter, and ending on the
thirtieth thirty-first day of
June
December, two thousand
two three, 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
and his or her successor
has been confirmed by the Senate, 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 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
.: Provided, however, That
any vacancy filled by appointment of the governor shall be subject
to the advice and consent of the Senate.
(b) An individual may be reappointed to succeeding terms as a
family law master 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-4-4. Assignment of family law masters by geographical regions.
(a) On and after the first day of July, one thousand nine
hundred ninety-four, there shall be a total of twenty-six family
law masters, not more than fourteen of whom shall be full-time
masters, to serve throughout the state. During the year
immediately preceding the appointment of law masters as provided
for in section one of this article, the supreme court of appeals
shall apportion the state into geographical regions which may be
single-master regions or multi-master regions, or a combination of
both. County boundaries shall be strictly observed and no county
may be divided among two or more regions. Otherwise, in making
such apportionment, the supreme court of appeals shall construct
regions which provide, as nearly as is practicable, for the
caseload of each master to be equal to that of other masters.
Mathematical exactness as to caseload is not required and
deviations from an absolute standard may be based upon concerns,
other than caseload, including, but not limited to, deviations
dictated by the following considerations:
(1) Judicial circuits;
(2) Geographical features which affect the time and expense of
travel;
(3) Traditional patterns of practice by members of the bar;
and
(4) Population variances between regions.
(b) In the region that includes Kanawha County, of the masters
appointed, not less than two shall be part-time masters.
(c) Notwithstanding the provisions of subsection (a) of this
section,
for the time period extending there shall be one
additional part-time family law master assigned to the region that
includes Marshall County whose initial term shall be from the first
day of August, one thousand nine hundred ninety-six, until the
thirtieth thirty-first day of
June December, one thousand nine
hundred ninety-eight
, there shall temporarily be a total of
twenty-seven family law masters, not more than fourteen of whom
shall be full-time masters, to serve throughout the state, and the
additional part-time position of family law master created by this
subsection shall be assigned to the region that includes Marshall
County.
Such master shall continue to serve for the same terms of
office and be subject to appointment for four-year terms beginning
on the first day of January, one thousand nine hundred ninety-nine,
as provided in subsection (a), section one of this article, and
shall otherwise be subject to the provisions authorizing the
reappointment of masters to serve additional terms as provided in
subsection (b) of said section one.
(d) Nothing contained herein shall prohibit the chief justice
of the supreme court of appeals from temporarily assigning a family
law master from one geographical region to another geographical
region, as caseload, disqualification, recusal, vacation or illness may dictate.
(e) The administrative office of the supreme court shall
promulgate any procedural rule necessary to delineate the duties of
the part-time and full-time law masters consistent with this
article.
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(NOTE: The purpose of this bill is to: (1) Extend the terms of
office of present family law masters by six months; and (2) provide
for the appointment of new family law masters for four year terms
beginning January 1, 1999, subject to the advice and consent of the
Senate.)