There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 51. COURTS AND THEIR OFFICERS
ARTICLE 1. SUPREME COURT OF APPEALS.
- §51-1-1 Justices.
- §51-1-2 Chief justice.
- §51-1-3 Jurisdiction.
- §51-1-4 Regulation of pleading, practice and procedure in all courts of record; judicial council as advisory committee.
- §51-1-4a Rules governing practice of law; creation of West Virginia State Bar; providing its powers, and fees for administration.
- §51-1-5 Regular terms.
- §51-1-6 Special terms.
- §51-1-7 Warrant of judges appointing special term.
- §51-1-8 Hearing of cases at special term.
- §51-1-9 What cases may be decided at regular or special term.
- §51-1-10 Adjournment.
- §51-1-10a Salary of justices.
- §51-1-11 Appointment and compensation of the Clerk and employees of the clerks' office; compensation.
- §51-1-12 Duties of clerk.
- §51-1-13 Repealed
- §51-1-14 Repealed
- §51-1-15 Administrative office of supreme court of appeals continued; director; assistants and secretaries; seal.
- §51-1-16 Director and assistant directors not to practice law.
- §51-1-17 Administrative office of supreme court of appeals -- duties of director.
- §51-1-18 Same -- Annual report of activities and estimates of expenditures.
- §51-1-19 Repealed
- §51-1-20 Feasibility study of one day-one trial jury selection system.
- §51-1-21 Authority to maintain domestic violence database.
ARTICLE 1A. UNIFORM CERTIFICATION OF QUESTIONS OF LAW ACT.
- §51-1A-1 Definitions.
- §51-1A-2 Power to certify.
- §51-1A-3 Power to answer.
- §51-1A-4 Power to amend question.
- §51-1A-5 Certification order; record.
- §51-1A-6 Contents of certification order.
- §51-1A-7 Notice; preference.
- §51-1A-8 Procedures.
- §51-1A-9 Opinion.
- §51-1A-10 Cost of certification.
- §51-1A-11 Severability.
- §51-1A-12 Construction.
- §51-1A-13 Short title.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
- §51-2-1 Judicial circuits; terms of office; legislative findings and declarations; elections; terms of court.
- §51-2-1a Repealed
- §51-2-1b Repealed
- §51-2-1c Repealed
- §51-2-1d Repealed
- §51-2-1e Repealed
- §51-2-1f Repealed
- §51-2-1g Repealed
- §51-2-1h Repealed
- §51-2-1i Repealed
- §51-2-1j Repealed
- §51-2-1k Repealed
- §51-2-1l Repealed
- §51-2-1m Repealed
- §51-2-1n Repealed
- §51-2-1o Repealed
- §51-2-1p Repealed
- §51-2-1q Repealed
- §51-2-1r Repealed
- §51-2-1s Repealed
- §51-2-1t Repealed
- §51-2-1u Repealed
- §51-2-1v Repealed
- §51-2-1w Repealed
- §51-2-1x Repealed
- §51-2-1y Repealed
- §51-2-1z Repealed
- §51-2-1aa Repealed
- §51-2-1bb Repealed
- §51-2-1cc Repealed
- §51-2-1dd Repealed
- §51-2-1ee Repealed
- §51-2-1ff Repealed
- §51-2-1gg Repealed
- §51-2-2 Jurisdiction.
- §51-2-3 Adjourned terms.
- §51-2-4 Special terms -- When and how held.
- §51-2-5 Same -- Adjournment.
- §51-2-6 Same -- For trial of person imprisoned.
- §51-2-7 Same -- What causes may be tried; judge presiding.
- §51-2-8 Residence of judge; disqualification.
- §51-2-9 Repealed
- §51-2-10 Repealed
- §51-2-11 Repealed
- §51-2-12 Repealed
- §51-2-13 Salaries of judges of circuit courts.
- §51-2-14 Holding court in two or more counties in circuit at same time.
- §51-2A-1 Family courts established.
- §51-2A-2 Family court jurisdiction; exceptions; limitations.
- §51-2A-3 Number of family court judges; assignment of family court judges by family court circuits.
- §51-2A-4 Qualifications of family court judges.
- §51-2A-5 Term of office of family court judge; initial appointment; elections.
- §51-2A-6 Compensation and expenses of family court judges and their staffs.
- §51-2A-7 Powers; administrative and judicial functions of family court judge.
- §51-2A-8 Rules of practice and procedure; applicability of rules of evidence; record of hearings; duties of clerk of circuit court.
- §51-2A-9 Contempt powers of family court judge.
- §51-2A-10 Motion for reconsideration of family court order.
- §51-2A-11 Petition for appeal.
- §51-2A-12 Stay of proceedings pending appeal.
- §51-2A-13 Motion to dismiss appeal.
- §51-2A-14 Review by circuit court; record; standard of review; temporary order upon demand.
- §51-2A-15 Review by supreme court of appeals; assistance for pro se appellants.
- §51-2A-16 Expiration of appellate procedures; exceptions; report requirements.
- §51-2A-17 Disciplinary proceedings for family court judges.
- §51-2A-18 Vacancy in the office of family court judge.
- §51-2A-19 Temporary assignment of family court judges.
- §51-2A-20 County commissions required to furnish offices for the family court judges.
- §51-2A-21 Budget of the family court.
- §51-2A-22 Family court fund.
- §51-2A-23 Operative dates; terminology.
- §51-3-1 Seals of courts.
- §51-3-2 Use of private seal.
- §51-3-3 Jurisdiction over watercourses.
- §51-3-4 Records.
- §51-3-5 Attending officer.
- §51-3-6 Citizenship and taxpaying not ground for disqualification of judge, sheriff or other court officer.
- §51-3-7 Place of sessions of courts of county; destruction of courthouse.
- §51-3-8 Change of place or time of session by governor.
- §;51-3-7 and 51-3-8.
- §51-3-10 Opening after day fixed.
- §51-3-11 Effect of changing time or place of session.
- §51-3-12 Adjournments.
- §51-3-13 Power of judges of circuit courts to act during vacation of court.
- §51-3-14 Court security fund.
- §51-3-15 Court security board, terms.
- §51-3-16 Security plans; approval by court security board; awards; training.
- §51-3-17 Promulgation of legislative rules.
- §51-3-18 Expeditious filling of judicial vacancies.
ARTICLE 4. GENERAL PROVISIONS RELATING TO CLERKS OF COURTS.
- §51-4-1 Where clerks' offices to be kept.
- §51-4-2 Inspection of records and papers; copies.
- §51-4-3 Preservation and destruction of papers; microphotography and electronic storage.
- §51-4-4 Removal of records or papers out of county; penalty.
- §51-4-5 Authority to administer oath.
- §51-4-6 Preparation of bonds.
- §51-4-7 Transmission of copies of certain records to county clerk; recordation; penalty.
- §51-4-8 Repealed
- §51-4-9 Indexes of books; penalty.
- §51-4-10 Duplicate certificate of allowance; penalty.
- §51-4-11 Report by circuit clerk to auditor of claims allowed against state; duties of auditor; penalty.
- §51-4-12 Repealed
- §51-4-12a Free recordation of discharges, other than dishonorable, and certificates of satisfactory service; free issuance to veterans and dependents of copies of certain records.
ARTICLE 5. COMMISSIONERS IN CHANCERY AND FOR STATING ACCOUNTS.
- §51-6-1 Appointment; term; duties; authority.
- §51-6-2 Powers and duties as to securities.
- §51-6-3 Dividends and interest.
- §51-6-4 Interest on money loaned.
- §51-6-5 Receiver's liability for funds and interest thereon.
- §51-6-6 Receiver's bond.
- §51-6-7 Receiver's compensation.
- §51-6-8 Accounts and reports.
- §51-6-9 Failure to keep accounts or make statements.
- §51-6-10 Settlement of accounts of general receiver and others who hold money subject to order of court; examination of bonds and securities.
- §51-6-11 Examination of reports; recordation; new bond or additional security; effect.
- §51-6-12 "Receivers' book"; recordation of reports; inspection.
- §51-6-13 Charges of clerks and commissioners.
- §51-6-14 Application of unclaimed funds in hands of general receiver of circuit court.
ARTICLE 7. OFFICIAL REPORTERS.
- §51-7-1 Appointment; oath; attendance at grand jury sessions.
- §51-7-2 Duty to take shorthand notes.
- §51-7-3 Compensation for attending court and taking notes.
- §51-7-4 Transcript of notes; fees; authenticity; transcript for judge in criminal cases.
- §51-7-5 Salary in lieu of all other compensation.
- §51-7-6 Reporter's fee; how taxed, paid and accounted for.
- §51-7-7 Transcripts to be furnished indigent persons under conviction upon timely request; payment therefor.
- §51-7-8 Transcripts to be furnished indigent persons in juvenile delinquency and child abuse and neglect proceedings upon timely request; payment therefor.
ARTICLE 8. STATE AND COUNTY LAW LIBRARIES; LAW CLERKS.
- §51-8-1 West Virginia law library; control and management.
- §51-8-2 Librarian; bond; assistants; compensation.
- §51-8-3 Rules and regulations governing use of library.
- §51-8-4 Control of library by court; expenses.
- §51-8-5 Distribution of West Virginia reports.
- §51-8-6 Exchange of acts of the Legislature for acts of the legislatures of other states; distribution.
- §51-8-7 Accounts and reports of librarian.
- §51-8-8 Authority to establish county law libraries; control of circuit judge; rules and regulations.
- §51-8-9 Accounts and reports relating to county law libraries.
- §51-8-10 Law clerks.
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
- §51-9-12d Rollovers and transfers to purchase service credit or repay withdrawn contributions.
- §51-9-1 Establishment.
- §51-9-1a Definitions
- §51-9-1b Statement of legislative intent, policy and finding.
- §51-9-2 Judges' retirement fund created; composition.
- §51-9-3 Custody, permissible investment and administration of retirement system trust fund; state auditor's authority as administrator and trust fund fiduciary; refunds required, including interest; federal qualification requirements.
- §51-9-3a Specification of actuarial assumptions.
- §51-9-5 Election not to participate, contribute, or be a member; authorized transfers of service credit by a judge; duplicate use of service credit prohibited.
- §51-9-6 Eligibility for and payment of benefits.
- §51-9-6c Repealed
- §51-9-6d Adjusted annual retirement benefit calculations.
- §51-9-7 Ineligibility to receive pay or benefits.
- §51-9-8 Retirement upon disability.
- §51-9-9 Determination of eligibility for benefits.
- §51-9-10 Services of senior judges.
- §51-9-11 Monthly payments.
- §51-9-12 Refunds.
- §51-9-12a Federal law maximum benefit limitations.
- §51-9-12b Federal minimum required distributions.
- §51-9-12c Direct rollovers.
- §51-9-13 Disqualification for pay and benefits.
- §51-9-14 Moneys exempt from execution, etc.; unassignable and nontransferable; exception for certain domestic relations orders.
- §51-9-15 County commissioners excluded.
- §51-9-16 Severability of article and amendments thereto.
- §51-9-17 Benefits not forfeited if system terminates.
ARTICLE 10. PROFESSIONAL BONDSMEN IN CRIMINAL CASES.
- §51-10-1 Definitions.
- §51-10-2 Business impressed with public interest.
- §51-10-3 Procuring business through official or attorney for consideration prohibited.
- §51-10-4 Attorneys procuring employment through official or bondsman for consideration prohibited.
- §51-10-5 Receiving other than regular fee for bonding prohibited; bondsman prohibited from endeavoring to secure dismissal or settlement.
- §51-10-6 Posting names of authorized bondsmen; list to be furnished prisoners; prisoner may communicate with bondsman; record to be kept by police.
- §51-10-7 Bondsman prohibited from entering place of detention unless requested by prisoner; record of visit to be kept.
- §51-10-8 Qualifications of bondsmen; rules to be prescribed by Supreme Court of Appeals; lists of agents to be furnished; renewal of authority to act; false swearing.
- §51-10-9 Penalties.
- §51-10-10 Enforcement of article.
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