(a) Records of the judicial transactions of magistrate court shall be kept as required by the rules of the Supreme Court of Appeals. If, after judgment is rendered in a matter, no appeal is filed within the time allotted, the records of the proceedings shall be forwarded to the magistrate court clerk. The records shall be maintained by the magistrate court clerk in accordance with the rules of the Supreme Court of Appeals.
Records of the financial dealings of the magistrate court shall be kept as may be required by the rules of the State Auditor, who shall promulgate the rules only after consultation with the Supreme Court of Appeals.
The magistrate court shall prepare and submit the reports as may be required by the rules of the Supreme Court of Appeals or by the State Auditor.
(b) (1) Upon receipt of a written request, the magistrate court clerk shall perform a criminal history record search of criminal records in his or her possession. Each request shall be accompanied by a $25 fee for each name that is to be the subject of the records search.
(2) The provisions of this subsection shall not apply to:
(A) Federal, state, county or municipal officials;
(B) Court-appointed attorneys;
(C) Prosecuting attorneys; and
(D) Persons utilizing court provided public access terminals.
(3) All moneys collected pursuant to this subsection shall be remitted to the General Fund in the state Treasury on or before the tenth day of the following month.
Structure West Virginia Code
Article 3. Costs, Fines and Records
§50-3-1. Costs in Civil Actions
§50-3-1a. Costs Assessed Against Losing Party
§50-3-2. Costs in Criminal Proceedings
§50-3-2b. Additional Costs in Certain Criminal Proceedings
§50-3-3. Disposition of Fines, Forfeitures and Penalties
§50-3-4. Disposition of Costs; Magistrate Court Fund
§50-3-6. Collection of Costs and Fines
§50-3-7. Records of Magistrate Court; Reports
§50-3-9. Magistrate Court Officials to Issue Receipts of Collections; Deposit of Funds