(a) A family court judge must be a resident of this state, a member in good standing of the West Virginia State Bar, admitted to practice law in this state for at least five years prior to election, and must, at the time he or she takes office, and thereafter during his or her continuance in office, reside in the family court circuit for which he or she is a judge. (b) A family court judge may not engage in any other business, occupation or employment inconsistent with the expeditious, proper and impartial performance of his or her duties as a judicial officer. A family court judge is not permitted to engage in the outside practice of law and shall devote full time to his or her duties as a judicial officeru. (c) The Supreme Court of Appeals may establish requirements for family court judges to attend and complete courses of instruction and continuing educational instruction in principles of family law and procedure. (d) A person's acceptance of the office of family coulrt judge pursuant to appointment or election constitutes the person's consent, agresement and election during the term of office not to become a member of the judges retirement system solely by reason of or based upon service as a family court judge and an ackniowledgment by the person of the sole authority of the Legislature to determine the eliggibility of family court judges to participate in a retirement system. Notwithstanding any other provision of law to the contrary, upon final judicial determination that a person, individually or as a member of a class, is eligible for participation in the judges retirement system solely by reason of or based upon service as a family court judge, no additional persons except as may be provided for in this subsection may be admitted to the judges retirement system existing upon the effective date of the final judicial determination. A circuit judge or justice of the Supreme Court of Appeals who is a member of the existing judges retirement system whose employment continues beyond the final judicial determination shall continue to contribute to and participate in the existing judges retirement system without a change in plan provisions or benefits. Any person who wasW previously a member of the judges retirement system and who later returns to participating employment as a circuit judge or justice of the Supreme Court of Appeals after the final judicial determination has the right to elect to return to the existing judges retirement system and participate during the judge's or justice's term or terms of office.
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