Skip to code content (skip section selection)
There shall be a Police Court which shall be presided over by a Police Court Judge.
(A) He shall have charge of and preside over the Municipal Court of the City. He shall have power to summon witnesses for the trial of any case before him; to compel the attendance of police officers of the City; to require of said police officers the enforcement of any order or judgment entered or rendered by him under the powers herein given said Police Court Judge; and to issue executions for all fines, penalties and cost imposed by him. In the discharge of his duties and in the trial of cases, the Police Court Judge shall, insofar as practicable, follow the rules or proceedings of the courts of the State of West Virginia which exercise jurisdiction in criminal cases. All cases for alleged ordinance violations shall be tried by the Police Court Judge without a jury. He shall be ex officio a justice and a conservator of the peace with authority to issue process for all offenses committed within the police jurisdiction of the City of Weirton.
(B) He shall issue warrants upon complaint under oath of any person or officer for the arrest of anyone charged with the violation of any ordinance of the City, or on a State warrant as ex officio justice of the peace.
(C) He shall keep a record of all warrants issued by him, of all persons arrested and brought before him and of all trials, fines or sentences imposed or judgments entered by him in a wellbound book to be known as the Police Court Docket. A record of the entries made each day in said Docket shall be signed by the Police Court Clerk or the Police Court Judge at the close of the day. An appeal shall lie to the circuit court or to the criminal court of Hancock or Brooke County from all judgments of the Police Court Judge wherein and in the manner an appeal from the judgment of a Mayor of a City is allowed by law.
(D) He shall exercise the power to punish within the limits prescribed by the ordinances of the City or by the laws of the State of West Virginia applicable to the City and not in conflict with this Charter.
In the absence or disability of the Police Court Judge, his or her powers, functions and duties may be assumed by the Mayor to act as Police Court Judge if he or she has completed the training to do so prescribed by the Supreme Court of Appeals of West Virginia; or, if the Mayor has not completed the requisite training, the Police Court Judge's powers, functions and duties may be assigned by the Mayor to a competent attorney who is currently licensed to practice law in the State of West Virginia, to act as Police Court Judge, but neither such assignment shall last for a period of more than thirty days.
(Amendment passed by electorate 6-12-07)