Rule 1 - Hours of magistrate court(a)Regular office hours. Every magistrate court shall be open on each judicial day except Saturday. The hours of magistrate court in each county shall be approved by the supervising circuit judge and submitted, in written form, to the Administrative Office of the Supreme Court of Appeals. These hours shall, as nearly as possible, correspond to the hours of the county courthouse. The supervising circuit judge may, or at the direction of the Supreme Court of Appeals shall, also direct one magistrate, on a rotating basis, to be at the magistrate court offices at other designated evening, weekend and holiday hours, or at all times. Such evening, weekend and holiday hours shall be subject to the approval of the Supreme Court of Appeals through the Administrative Office of the Supreme Court of Appeals.
(b)On call. One magistrate in each county, on a rotating basis, shall be on call at all times other than regular office hours. On-call duties shall extend, in criminal cases, to initial appearances; to taking bond for someone who is in jail; and to receiving and acting upon emergency search warrants, domestic violence matters, and juvenile abuse and neglect matters. (1)Initial appearances and taking bond in criminal cases. Within the time periods provided for below, the on-call magistrate shall contact the county or regional jail, whichever applies, and the juvenile detention facility that serves the county, and shall inquire whether any person has been arrested in the county since the close of regular business hours or since the last contact with the jail, or whether anyone confined to the jail is able to post bond. If an arrest has been made or if a prisoner is able to post bond, the magistrate shall proceed immediately to the magistrate court offices to conduct an initial appearance and to set bail for such person, or to accept bond for someone already in jail. It shall be sufficient to comply with this rule if the on-call magistrate contacts the jail and juvenile detention facility:
(A) Between 10:00p.m. and 11:00p.m. Monday through Friday;(B) Between 10:00a.m. and 11:00a.m. and between 10:00p.m. and 11:00p.m. on Saturdays and holidays; and(C) Between 12:00p.m. and 1:00p.m. and between 10:00p.m. and 11:00p.m. on Sundays.(2)Emergency search warrants, domestic violence matters, and juvenile abuse and neglect matters. The on-call magistrate shall be available and responsible for receiving and acting upon applications for emergency search warrants and petitions for domestic violence protective orders.The on-call magistrate shall also respond at any time for the purpose of holding a temporary custody proceeding pursuant to W. Va. Code § 49-6-3(c). When contacted concerning any of these matters, the on-call magistrate shall conduct such emergency action as may be necessary at the magistrate court offices or at any other appropriate location approved for such purpose by the supervising circuit judge.W.va. R. Admin. Magist. Ct. 1
As amended by order entered December 18, 1989, effective 1/1/1990; by order entered11/29/1990, effective 1/1/1991; by order entered7/21/1993, effective 9/1/1993; by order entered6/30/1994, effective 7/1/1994; and by order6/22/2000, effective 7/1/2000.