Subject to the provisions of section one, article ten, chapter three of this code, when a vacancy occurs in the office of magistrate, the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, shall fill the same by appointment.
At a nonpartisan judicial election in which a magistrate is elected for an unexpired term, the circuit judge, or the chief judge thereof if there is more than one judge of the circuit court, shall cause a notice of such election to be published prior to such election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county involved.
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