H. B. 4123
(By Delegates Schadler and Amores)
[Introduced January 23, 2004; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §50-1-9b,
relating to
authorizing the supreme court of appeals to create a panel of
senior magistrate court clerks; granting authority to senior
magistrate court clerks to fill certain vacancies; authorizing
the supreme court of appeals to promulgate rules for senior
magistrate court clerks; providing for reasonable compensation
to senior clerks; providing for reimbursement of certain
expenses incurred by senior clerks.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §50-1-9b, to read as
follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-9b. Appointment of senior magistrate court clerks.
The West Virginia supreme court of appeals is authorized to
create a panel of senior magistrate court clerks to utilize the
talent and experience of former magistrate court clerks of this
state. The supreme court of appeals shall promulgate rules
providing for senior magistrate court clerks to be assigned duties
as needed to serve: (1) In the place of magistrate court clerks
who are on authorized leave or are otherwise unavailable; or (2)
while there is a vacancy in a magistrate court clerk's office.
The supreme court of appeals shall further promulgate rules to
provide for: (1) Reimbursement of travel and other necessary
expenses actually incurred while the senior clerk is serving
outside the county of his or her residence; and (2) reasonable
compensation on a per diem basis:
Provided, That the per diem and
retirement compensation of a senior magistrate court clerk may not
exceed the salary of the magistrate court clerk in whose place the
senior clerk is serving.
NOTE: The purpose of this bill is to authorize the Supreme
Court of Appeals to create a panel of senior magistrate court
clerks, to promulgate rules, provide for reasonable compensation
,
and provide for reimbursement of certain expenses incurred by
senior magistrate court clerks
. The bill also provides that the
Supreme Court
of Appeals
may assign senior magistrate court clerks
where needed.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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