SENATE JOINT RESOLUTION NO. 5
(By Senators Schoonover and Bailey)
[Introduced February 8, 1994;
referred to the Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section seven, article eight thereof,
relating to permitting magistrates to hold other offices,
accept other appointments or public trusts or become
candidates for other elective public offices or nominated
thereto; numbering and designating such proposed amendment;
and providing a summarized statement of the purpose of such
proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each House agreeing thereto:
That the question of ratification or rejection of an
amendment to the Constitution of the State of West Virginia be
submitted to the voters of the State at the next general election
to be held in the year one thousand nine hundred ninety-four,
which proposed amendment is that section seven, article eight
thereof be amended to read as follows:
ARTICLE VIII. THE JUDICIARY.
§7. General provisions relating to justices, judges and
magistrates.
All justices, judges and magistrates must be residents of
this state and shall be commissioned by the governor. No person
may hereafter be elected as a justice of the supreme court of
appeals unless he has been admitted to practice law for at least
ten years prior to his election, and no person may hereafter be
elected as a judge of a circuit court unless he has been admitted
to practice law for at least five years prior to his election.
Justices, judges and magistrates shall receive the salaries
fixed by law, which shall be paid entirely out of the state
treasury, and which may be increased but shall not be diminished
during their term of office, and they shall receive expenses as
provided by law. The salary of a circuit judge shall also not be
diminished during his term of office by virtue of the statutory
courts of record of limited jurisdiction of his circuit becoming
a part of such circuit as provided in section five of this
article.
Any justice of the supreme court of appeals and any judge of
any circuit court, including any statutory court of record of
limited jurisdiction which becomes a part of a circuit court by
virtue of section five of this article, in office on the
effective date of this article shall continue in office until his
term shall expire, unless sooner removed or retired as authorized
in this article:
Provided, That as to the term of any judge of
a statutory court of record of limited jurisdiction which does
not expire on the thirty-first day of December, one thousand nine
hundred seventy-six, the following provisions shall govern andcontrol unless any such judges shall be sooner removed or retired
as authorized in this article: (1) If the term would otherwise
expire before the thirty-first day of December, one thousand nine
hundred seventy-six, such term shall continue through and expire
on said thirty-first day of December, one thousand nine hundred
seventy-six, (2) if the term would otherwise expire on the first
day of January, one thousand nine hundred seventy-seven, such
term shall terminate and expire on the thirty-first day of
December, one thousand nine hundred seventy-six, and (3) if the
term would otherwise expire after the thirty-first day of
December, one thousand nine hundred seventy-six, but other than
on the first day of January, one thousand nine hundred seventy-
seven, such term shall continue through and expire on the thirty-
first day of December, one thousand nine hundred eighty-four.
No justice
or judge
or magistrate shall hold any other
office, or accept any appointment or public trust, under this or
any other government; nor shall he become a candidate for any
elective public office or nomination thereto, except a judicial
office; and the violation of any of these provisions shall vacate
his judicial office. No justice of the supreme court of appeals
or judge of an intermediate appellate court or of a circuit court
shall practice the profession of law during the term of his
office, but magistrates who are licensed to practice this
profession may practice law except to the extent prohibited by
the Legislature.
If from any cause a vacancy shall occur in the office of ajustice of the supreme court of appeals or a judge of a circuit
court, the governor shall issue a directive of election to fill
such vacancy in the manner prescribed by law for electing a
justice or judge of the court in which the vacancy exists, and
the justice or judge shall be elected for the unexpired term; and
in the meantime, the governor shall fill such vacancy by
appointment until a justice or judge shall be elected and
qualified. If the unexpired term be less than two years, or such
additional period, not exceeding a total of three years, as may
be prescribed by law, the governor shall fill such vacancy by
appointment for the unexpired term.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Permission for Magistrates to Hold Other Elected Public
Offices Amendment," and the purpose of the proposed amendment is
summarized as follows: "To delete the word 'magistrate' from the
section that prohibits justices, judges or magistrates from
holding any other office, or accept any appointment or public
trust, under this or any other government; or become a candidate
for any elective public office or nominated thereto."
NOTE: The purpose of this bill is to delete the word
magistrate from the section that prohibits justices, judges or
magistrates from holding any other office, or accept any
appointment or public trust, under this or any other government;
or become a candidate for any elective public office or nominatedthereto.
Strike-throughs indicate language that would be stricken
from the present constitution, and underscoring indicates new
language that would be added.
Email
Webmaster | © 2024 West Virginia Legislature **
