(a) It shall be the duty of each sheriff to execute all civil and criminal process from any magistrate court which may be directed to such sheriff. Process shall be served in the same manner as provided by law for process from circuit courts.
Subject to the supervision of the chief justice of the Supreme Court of Appeals or of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, it shall be the duty of the sheriff, or his or her designated deputy, to serve as bailiff of a magistrate court upon the request of the magistrate. Such service shall also be subject to such administrative rules as may be promulgated by the Supreme Court of Appeals. A writ of mandamus shall lie on behalf of a magistrate to enforce the provisions of this section.
(b) The sheriff of any county may employ, by and with the consent of the county commission, one or more persons whose sole duties shall be the service of civil process and the service of subpoenas and subpoenas duces tecum. Any such person shall not be considered a deputy or deputy sheriff within the meaning of subdivision (2), subsection (a), section two, article fourteen, chapter seven of this code, nor shall any such person be authorized to carry deadly weapons in the performance of his or her duties: Provided, That the sheriff may authorize an employee whose sole duties involve service of civil process to carry a firearm if the employee completes all training requirements otherwise applicable to deputy sheriffs for the use and handling of firearms: Provided, however, That the sheriff may authorize previously certified West Virginia law-enforcement officers to carry a deadly weapon in the performance of the duties of the officers under the provisions of this section: Provided further, That these officers and employees maintain yearly weapons qualifications and are bonded through the office of the sheriff.
Structure West Virginia Code
Article 1. Courts and Officers
§50-1-1. Magistrate Court Created
§50-1-2. Number of Magistrates
§50-1-2a. Addition of Magistrate in Berkeley County
§50-1-3. Salaries of Magistrates
§50-1-5. Removal From Office; Disciplinary Procedures
§50-1-6. Vacancy in Office of Magistrate
§50-1-6a. Temporary Appointment of Retired Magistrates
§50-1-7. Chief Magistrates; Administrative Responsibility; Additional Duties
§50-1-8. Magistrate Court Clerks; Salaries; Duties; Duties of Circuit Clerk
§50-1-9. Magistrate Assistants; Salary; Duties
§50-1-9a. Magistrate Court Deputy Clerks; Duties; Salary
§50-1-9b. Appointment of Senior Magistrate Court Clerks
§50-1-10. Clerks, Deputy Clerks and Magistrate Assistants to Take Oath and Post Bond
§50-1-11. Offices for Magistrates; Location; Expenses; Copy of State Code
§50-1-12. Conduct of Office; Penalty
§50-1-13. Temporary Service Within or Outside of County
§50-1-14. Duties of Sheriff; Service of Process; Bailiff
§50-1-15. Transitional Provisions
§50-1-17. Reference to Justice of the Peace; Abolition of the Office of Constable