ENGROSSED
Senate Bill No. 651
(By Senator Chafin)
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[Introduced February 23, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §7-7-8 of the code of West Virginia,
1931, as amended, relating to the appointment and election of
public officers generally; and precluding the use of a
privately retained attorney to prosecute or assist in the
prosecution of a criminal case.
Be it enacted by the Legislature of West Virginia:
That §7-7-8 of the code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-8. Assistant prosecuting attorneys; appointment and
compensation; when court may appoint attorney to
prosecute; public office residency requirement.
The prosecuting attorney of each county may, in accordance
with and limited by the provisions of section seven of this
article, appoint practicing attorneys to assist him
or her in the
discharge of his
or her official duties during his
or her term of office. Any attorney so appointed shall be classified as an
assistant prosecuting attorney and shall take the same oath and may
perform the same duties as his
or her principal. Each assistant
shall serve at the will and pleasure of his
or her principal and
may be removed from office by the circuit court of the county in
which he
or she is appointed for any cause for which his
or her
principal might be removed.
If, in any case, the prosecuting attorney and his
or her
assistants are unable to act, or if in the opinion of the court it
would be improper for him
or her or his
or her assistants to act,
the court shall appoint some competent practicing attorney to act
in that case. The court shall certify to the county commission the
performance of that service when completed and recommend to the
county commission a reasonable compensation for the attorney for
his
or her service and the compensation, when allowed by the county
commission, shall be paid out of the county treasury.
No provision
of this section shall be construed to prohibit the employment by
any person of a practicing attorney to assist in the prosecution of
any person or corporation charged with a crime. Notwithstanding
any provision of law to the contrary, no private person or private
entity may retain or employ a practicing attorney to act as a
prosecutor or to assist in the prosecution of any person or
corporation charged with a crime.
The compensation to be paid to an assistant prosecuting
attorney shall include compensation provided by law for any services he
or she renders as attorney for any administrative board
or officer of his
or her county.
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