This bill amends the Code of West Virginia to clarify the circumstances under which a defendant is entitled to a trial by jury in municipal courts. Specifically, it establishes that a defendant charged with an offense that may result in either a period of confinement in jail or a fine exceeding $5,000 is entitled to a trial by jury. The bill also stipulates that if a municipal court judge decides to conduct a jury trial upon a defendant's request, the trial must adhere to the rules of criminal procedure for magistrate courts, with the jury consisting of twelve members.
Additionally, the bill includes provisions regarding the appointment and qualifications of municipal court judges, including requirements for criminal background checks and mandatory legal education for those not admitted to practice law in the state. The costs associated with these requirements are to be borne by the applicants or the municipalities that employ the judges. Overall, the bill aims to enhance the judicial process within municipal courts by ensuring defendants facing significant penalties have the right to a jury trial.
Statutes affected: Introduced Version: 8-10-2