Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                  Enrolled Senate Bill 837
  By Senators Weld, Trump, Woelfel, and Plymale [Passed March 9, 2024; in effect from passage]
     Enr SB 837
  AN ACT to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating
            to authorizing Public Defender Corporations, until July 1, 2025, to reorganize its offices to
            conform the circuit reconfiguration enacted during the regular session of the Legislature,
            2023.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE               2.         CIRCUIT            COURTS;             CIRCUIT            JUDGES.
     §51-2-1. Judicial circuits; terms of office; legislative findings and declarations; elections;
               terms of                                      court.
            (a) Beginning on the effective date of this subsection and until December 31, 2024, the
  state shall be divided into the following judicial circuits with the following number of judges:
            (1) The counties of Brooke, Hancock, and Ohio shall constitute the first circuit and shall
  have four judges;
            (2) The counties of Marshall, Tyler, and Wetzel shall constitute the second circuit and shall
  have two judges;
            (3) The counties of Doddridge, Pleasants, and Ritchie shall constitute the third circuit and
  shall have one judge;
            (4) The counties of Wood and Wirt shall constitute the fourth circuit and shall have three
 judges;
           (5) The counties of Calhoun, Jackson, Mason, and Roane shall constitute the fifth circuit
 and shall have three judges;
           (6) The county of Cabell shall constitute the sixth circuit and shall have four judges;
           (7) The county of Logan shall constitute the seventh circuit and shall have two judges;
           (8) The county of McDowell shall constitute the eighth circuit and shall have two judges;
           (9) The county of Mercer shall constitute the ninth circuit and shall have three judges;
           (10) The county of Raleigh shall constitute the tenth circuit and shall have four judges;
           (11) The counties of Greenbrier and Pocahontas shall constitute the eleventh circuit and
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 shall have two judges;
           (12) The county of Fayette shall constitute the twelfth circuit and shall have two judges;
           (13) The county of Kanawha shall constitute the thirteenth circuit and shall have seven
 judges;
           (14) The counties of Braxton, Clay, Gilmer, and Webster shall constitute the fourteenth
 circuit and shall have two judges;
           (15) The county of Harrison shall constitute the fifteenth circuit and shall have three judges;
           (16) The county of Marion shall constitute the sixteenth circuit and shall have two judges;
           (17) The county of Monongalia shall constitute the seventeenth circuit and shall have three
 judges;
           (18) The county of Preston shall constitute the eighteenth circuit and shall have one judge;
           (19) The counties of Barbour and Taylor shall constitute the nineteenth circuit and shall
 have two judges;
           (20) The county of Randolph shall constitute the twentieth circuit and shall have one judge;
           (21) The counties of Grant, Mineral, and Tucker shall constitute the twenty-first circuit and
 shall have two judges;
           (22) The counties of Hampshire, Hardy, and Pendleton shall constitute the twenty-second
 circuit and shall have two judges;
           (23) The counties of Berkeley, Jefferson, and Morgan shall constitute the twenty-third
 circuit and shall have six judges;
           (24) The county of Wayne shall constitute the twenty-fourth circuit and shall have two
 judges;
           (25) The counties of Lincoln and Boone shall constitute the twenty-fifth circuit and shall
 have two judges;
           (26) The counties of Lewis and Upshur shall constitute the twenty-sixth circuit and shall
 have two judges;
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           (27) The county of Wyoming shall constitute the twenty-seventh circuit and shall have one
 judge;
           (28) The county of Nicholas shall constitute the twenty-eighth circuit and shall have one
 judge;
           (29) The county of Putnam shall constitute the twenty-ninth circuit and shall have two
 judges;
           (30) The county of Mingo shall constitute the thirtieth circuit and shall have one judge; and
           (31) The counties of Monroe and Summers shall constitute the thirty-first circuit and shall
 have one judge.
           (b) Effective January 1, 2025, the state shall be divided into the following judicial circuits
 with the following number of judges who shall be elected by the voters of the entire circuit, but in
 separate divisions, as required by §3-5-6b of this code.
           (1) The counties of Brooke, Hancock, and Ohio shall constitute the first circuit and shall
 have four judges, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter;
           (2) The counties of Marshall, Tyler, and Wetzel shall constitute the second circuit and shall
 have two judges, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter;
           (3) The counties of Doddridge, Pleasants, Ritchie, and Wirt shall constitute the third circuit
 and shall have two judges, who shall be elected at the regularly scheduled election(s) to be held in
 the year 2024, and every eighth year thereafter: Provided, That no more than one judge shall be a
 resident of any county comprising the third circuit: Provided, however, That if the highest vote
 recipients in both divisions are also both residents of the same county, then the candidate with the
 highest overall number of votes shall be declared the winner of the division in which he or she ran:
 Provided, further, That the candidate who has the highest number of votes in the other division
 who is not a resident of the same county as the highest overall vote recipient shall be declared the
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 winner of the division in which he or she ran;
         (4) The county of Wood shall constitute the fourth circuit and shall have three judges, who
 shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every eighth
 year thereafter;
         (5) The counties of Calhoun, Jackson, Mason, and Roane shall constitute the fifth circuit
 and shall have three judges, who shall be elected at the regularly scheduled election(s) to be held
 in the year 2024, and every eighth year thereafter: Provided, That Division 1 in the fifth circuit shall
 be for a judge who resides in Jackson County at the time of his or her filing and for the duration of
 his or her service, Division 2 in the fifth circuit shall be for a judge who resides in Mason County at
 the time of his or her filing and for the duration of his or her service, and Division 3 in the fifth circuit
 shall be for a judge who resides in either Calhoun County or Roane County at the time of his or her
 filing and for the duration of his or her service;
         (6) The county of Cabell shall constitute the sixth circuit and shall have four judges, who
 shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every eighth
 year thereafter;
         (7) The county of Putnam shall constitute the seventh circuit and shall have two judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
         (8) The county of Kanawha shall constitute the eighth circuit and shall have eight judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
         (9) The counties of Boone and Lincoln shall constitute the ninth circuit and shall have two
 judges, who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and
 every eighth year thereafter;
         (10) The county of Wayne shall constitute the tenth circuit and shall have two judges, who
 shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every eighth
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  year thereafter;
         (11) The counties of Logan and Mingo shall constitute the eleventh circuit and shall have
  three judges, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter: Provided, That Division 1 in the eleventh circuit shall be for
 a judge who will reside at the time of his or her filing and during his or her service in Mingo County,
 Division 2 in the eleventh circuit shall be for a judge who will reside at the time of his or her filing
 and during his or her service in Logan County, and Division 3 in the eleventh circuit shall be for a
 judge who will reside at the time of his or her filing and during his or her service in Logan County;
        (12) The counties of McDowell and Wyoming shall constitute the twelfth circuit and shall
 have two judges, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter: Provided, That Division 1 in the twelfth circuit shall be for a
 judge who will reside at the time of his or her filing and during his or her service in McDowell
 County, and Division 2 in the twelfth circuit shall be for a judge who will reside at the time of his or
 her filing and during his or her service in Wyoming County;
        (13) The county of Mercer shall constitute the thirteenth circuit and shall have three judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
        (14) The county of Raleigh shall constitute the fourteenth circuit and shall have four judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
        (15) The county of Fayette shall constitute the fifteenth circuit and shall have two judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
        (16) The county of Nicholas shall constitute the sixteenth circuit and shall have two judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
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        (17) The counties of Braxton, Clay, Gilmer, and Webster shall constitute the seventeenth
 circuit and shall have two judges, who shall be elected at the regularly scheduled election(s) to be
 held in the year 2024, and every eighth year thereafter: Provided, That no more than one judge
 shall be a resident of any county comprising the seventeenth circuit: Provided, however, That if the
 highest vote recipients in both divisions are also both residents of the same county, then the
 candidate with the highest overall number of votes shall be declared the winner of the division in
 which he or she ran: Provided, further, That the candidate who has the highest number of votes in
 the other division who is not a resident of the same county as the highest overall vote recipient
 shall be declared the winner of the division in which he or she ran;
        (18) The counties of Lewis and Upshur shall constitute the eighteenth circuit and shall have
 two judges, who shall be elected at the regularly scheduled election(s) to be held in the year 2024,
 and every eighth year thereafter: Provided, That Division 1 in the eighteenth circuit shall be for a
 judge who will reside at the time of his or her filing and during his or her service in Upshur County,
 and Division 2 in the eighteenth circuit shall be for a judge who will reside at the time of his or her
 filing and during his or her service in Lewis County;
        (19) The county of Harrison shall constitute the nineteenth circuit and shall have three
 judges, who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and
 every eighth year thereafter;
        (20) The county of Marion shall constitute the twentieth circuit and shall have two judges,
 who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and every
 eighth year thereafter;
        (21) The county of Monongalia shall constitute the twenty-first circuit and shall have three
 judges, who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and
 every eighth year thereafter;
        (22) The counties of Preston and Tucker shall constitute the twenty-second circuit and
 shall have two judges, who shall be elected at the regularly scheduled election(s) to be held in the
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 year 2024, and every eighth year thereafter;
        (23) The counties of Barbour and Taylor shall constitute the twenty-third circuit and shall
 have two judges, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter;
        (24) The county of Randolph shall constitute the twenty-fourth circuit and shall have two
 judges, who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and
 every eighth year thereafter;
        (25) The counties of Grant and Mineral shall constitute the twenty-fifth circuit and shall
 have two judges, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter;
        (26) The counties of Hampshire, Hardy, and Pendelton shall constitute the twenty-sixth
 circuit and shall have two judges, who shall be elected at the regularly scheduled election(s) to be
 held in the year 2024, and every eighth year thereafter;
        (27) The counties of Berkley and Morgan shall constitute the twenty-seventh circuit and
 shall have five judges, who shall be elected at the regularly scheduled election(s) to be held in the
 year 2024, and every eighth year thereafter;
        (28) The county of Jefferson shall constitute the twenty-eighth circuit and shall have two
 judges, who shall be elected at the regularly scheduled election(s) to be held in the year 2024, and
 every eighth year thereafter;
        (29) The counties of Greenbrier and Pocahontas shall constitute the twenty-ninth circuit
 and shall have two judges, who shall be elected at the regularly scheduled election(s) to be held in
 the year 2024, and every eighth year thereafter; and
        (30) The counties of Monroe and Summers shall constitute the thirtieth circuit and shall
 have one judge, who shall be elected at the regularly scheduled election(s) to be held in the year
 2024, and every eighth year thereafter.
        (c) The Raleigh County circuit court shall be a court of concurrent jurisdiction with the
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 remaining single-judge circuit where the sitting judge in the single-judge circuit is unavailable by
 reason of sickness, vacation, or other reason.
           (d) Any judge in office on the effective date of the reenactment of this section shall continue
 as a judge of the circuit as constituted under prior enactments of this section, unless sooner
 removed or retired as provided by law, until December 31, 2024.
           (e) The term of office of all circuit court judges shall be for eight years. The term of office for
 all circuit court judges elected during an election conducted in the year 2024, shall commence on
 January 1, 2025, and end on December 31, 2032.
           (f) For election purposes, in every judicial circuit having two or more judges there shall be
 numbered divisions corresponding to the number of circuit judges in each circuit. Each judge shall
 be elected at large from the entire circuit. In each numbered division of a judicial circuit, the
 candidates for election shall be voted upon, and the votes cast for the candidates in each division
 shall be tallied separately from the votes cast for candidates in other numbered divisions within the
 circuit. The candidate receiving the highest number of the votes cast within a numbered division
 shall be elected, except as provided above with respect to the third and seventeenth circuits.
           (g) The Supreme Court of Appeals shall, by rule, establish the terms of court of circuit
 judges.
           (h) Notwithstanding any provisions of this code to the contrary, public defender
 corporations organized pursuant to the provisions of §29-21-1 et seq. of this code shall have until
 July 1, 2025, to conform their offices to the judicial circuits established in this section by the
 amendments to this section enacted during the regular session of the Legislature, 2023.
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Statutes affected: 
Introduced Version: 51-2-1
Enrolled Version: 51-2-1