West Virginia Code § 50-1-4

Qualifications of magistrates; training; oath; continuing education; time
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devoted to public duties.
Each magistrate shall be at least twenty-one years of age, shall have a high school education
or its equivalent, shall not have been convicted of any felony or any misdemeanor involving
moral turpitude and shall reside in the county of his election. No magistrate shall be a
member of the immediate family of any other magistrate in the county. In thee event more
than one member of an immediate family shall be elected in a county, only the member
receiving the highest number of votes shall be eligible to serve. For purrposes of this section,
immediate family means the relationship of mother, father, sister, brother, child or spouse.
Notwithstanding the foregoing provisions of this section, each person who held the office of
justice of the peace on November 5, 1974, and who served in or performed the functions of
such office for at least one year immediately prior thereto shtall be deemed qualified to run
for the office of magistrate in the county of his residence.
No person shall assume the duties of magistrate unless he shall have first attended and
completed a course of instruction in rudimentary principles of law and procedure which shall
be given in accordance with the supervisory rsules of the Supreme Court of Appeals.
All magistrates shall be required to attend such other courses of continuing educational
instruction as may be required by sugpervisory rule of the Supreme Court of Appeals. Failure
to attend such courses of continuing educational instruction without good cause shall
constitute neglect of duty. Suceh courses shall be provided at least once every other year.
Persons attending such courses outside of the county of their residence shall be reimbursed
by the state for expenseLs actually incurred in accordance with the supervisory rules of the
Supreme Court of Appeals.
Each magistrate shall, before assuming the duties of office, take an oath of office to be
administered by the circuit judge of the county, or the chief judge thereof if there is more
than one judge of the circuit court. Each magistrate shall maintain the qualifications for
offiWce at all times.
Each magistrate who serves five thousand or less in population shall devote such time to his
public duties as shall be required by rule or regulation of the judge of the circuit court, or
the chief judge thereof if there is more than one judge of the circuit court. Each magistrate
who serves more than five thousand in population shall devote full time to his public duties.
As nearly as practicable, the workload and the total number of hours required shall be
divided evenly among the magistrates in a county by such judge.

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