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WV Code § 51-9-9 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-9. Determination of Eligibility for Benefits

Before any person is entitled to retirement benefits under the provisions of this article, he or she shall submit proof of his or her eligibility for retirement benefits to the Governor. If the judge is still sitting, he or she shall at the same time tender to the Governor his or her resignation as judge to the Governor upon condition that, if the resignation is accepted, he or she will be paid retirement benefits as provided in this article. Upon request for retirement by a sitting judge, the Governor shall investigate to the extent he or she deems advisable to determine the judge's eligibility. If the Governor determines that such person is entitled to retirement benefits under the provisions of this article, the Governor shall accept the resignation and certify the facts and the amount of retirement benefits to be paid to the judge upon retirement by a written order filed in the office of the Secretary of State. The Secretary of State shall, upon receipt of the order, file a certified copy of the order with the State Auditor, the Governor's office, the Supreme Court of Appeals' administrative office and the Consolidated Public Retirement Board. After accepting the judge's resignation, a vacancy is created in the office of the retiring judge which shall be filled by appointment or election as provided by law.
WV Code § 51-9-11 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-11. Monthly Payments

The retirement benefits and retirement pay, as herein provided, shall be paid in equal monthly installments upon the warrant of the State Auditor drawn on the Judges' Retirement Fund. If at any time moneys in said fund are insufficient to meet the orderly requirements of the retirement system, payments hereunder shall then be made from funds in the State Treasury appropriated and otherwise available for such purposes.
WV Code § 51-9-12 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-12. Refunds

Any judge of a court of record of this state whose services have terminated, otherwise than by retirement under provisions of this article, shall, upon his written demand, or the written demand of his personal representative, filed with the State Auditor, by a proper warrant of the State Auditor drawn on the fund, be refunded, without interest, any and all money paid by or for said judge into the fund. Such repayment shall terminate all rights of said judge to participate thereafter at any time in the benefits and pay of the retirement system, without prejudice, however, to his right to reenter the system after a subsequent appointment or election to a qualified judgeship, but without credit for any prior years of service: Provided, however, That should a retired judge die, without leaving a widow surviving, while receiving retirement benefits under the provisions of this article, and before he has received from the Judges' Retirement Fund an amount equal to, or in excess of, sums paid by him into such fund, or should the widow, as defined by section six-b of this article, who is entitled to an annuity under the provisions of section six-b die or remarry while receiving annuity benefits, and before she and her husband have received from the Judges' Retirement Fund an amount equal to, or in excess of, sums contributed by him to such fund, then, and in either of these events, the State Auditor shall, upon the written demand of the personal representative of the judge or widow, as the case may be, filed with the State Auditor, by a proper warrant drawn on the fund, refund, without interest, to the estate of such judge or such widow, as the case may be, an amount equal to the difference between the sums contributed to the fund by or for such judge and the amount of such retirement benefits and annuities paid to him and his widow.
WV Code § 51-9-13 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-13. Disqualification for Pay and Benefits

No judge of a court of record of this state, who has become physically incapacitated to perform the duties of his office as judge and who has remained so for one year without making application for retirement and submitting his resignation as provided in section eight hereof, shall be entitled to retirement pay or retirement benefits under the provisions of any section of this article.
WV Code § 51-9-14 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-14. Moneys Exempt From Execution, etc.; Unassignable and Nontransferable; Exception for Certain Domestic Relations Orders

The moneys in the Judges' Retirement Fund, the right of any judge to participate in the pay and benefits of the retirement system and the right of any judge to a refund of payments or contributions made to the fund shall not be subject to execution, garnishment, attachment or any other process whatsoever except that the benefits or contributions under this system shall be subject to "qualified domestic relations orders" as that term is defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans; and shall be unassignable and nontransferable.
WV Code § 51-9-15 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-15. County Commissioners Excluded

Commissioners of county commissions, or of any tribunal established in lieu thereof, are excluded from the retirement pay and retirement benefits herein provided.
WV Code § 51-9-16 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-16. Severability of Article and Amendments Thereto

If any section, subsection, clause, phrase or requirement of this article or if any section, subsection, clause, phrase or requirement of this article as amended by the Legislature at its regular session held in the year one thousand nine hundred eighty-seven, if for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions. The Legislature hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase and requirement thereof, including any amendments thereto adopted by the Legislature at its regular session held in the year one thousand nine hundred eighty-seven, irrespective of the fact that any one or more sections, subsections, clauses, phrases or requirements be declared unconstitutional.
WV Code § 51-9-17 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 9. Retirement System for Judges of Courts of Record|§51-9-17. Benefits Not Forfeited if System Terminates

If the retirement system is terminated or contributions are completely discontinued, the rights of all members to benefits accrued or contributions made to the date of such termination or discontinuance, to the extent then funded, may not be forfeited.
WV Code § 51-10-1 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-1. Definitions

When used in this article:(1) "Bonding business" means the business of becoming surety for compensation upon bonds in criminal cases in the State of West Virginia; (2) "Bondsman" means (A) any person engaged in the bonding business that has satisfied the requirements for, and is duly licensed as, an insurance producer with a property and casualty line of authority as set forth by the Insurance Commissioner and 33-12-1, et seq. of this code; or (B) any person who is approved and licensed under the provisions of this article who pledges cash or approved securities with the commissioner as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge;(3) "Commissioner" means the Insurance Commissioner of West Virginia, as defined in 33-1-5 of this code; and(4) "Insurer" means any domestic, foreign, or alien person, including a surety company, which has been qualified generally to transact surety business in the State of West Virginia.
WV Code § 51-10-2 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-2. Business Impressed With Public Interest

The business of becoming surety for compensation upon bonds in criminal cases in the State of West Virginia is impressed with a public interest.
WV Code § 51-10-3 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-3. Procuring Business Through Official or Attorney for Consideration Prohibited

It shall be unlawful for any person engaged, either as principal or as the clerk, agent, or representative of a corporation, or another person in the business of becoming surety upon bonds for compensation in the State of West Virginia, either directly or indirectly, to give, donate, lend, contribute, or to promise to give, donate, loan, or contribute any money, property, entertainment, or other thing of value whatsoever to any attorney at law, police officer, sheriff, deputy sheriff, constable, jailer, probation officer, clerk, or other attache of a criminal court, or public official of any character, for procuring or assisting in procuring any person to employ said bondsman to execute as surety any bond for compensation in any criminal case in the State of West Virginia; and it shall be unlawful for any attorney at law, police officer, sheriff, deputy sheriff, constable, jailer, probation officer, clerk, bailiff, or other attache of a criminal court, or public official of any character, to accept or receive from any such person engaged in the bonding business any money, property, entertainment, or other thing of value whatsoever for procuring or assisting in procuring any person to employ any bondsman to execute as surety any bond for compensation in any criminal case in the State of West Virginia.
WV Code § 51-10-4 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-4. Attorneys Procuring Employment Through Official or Bondsman for Consideration Prohibited

It shall be unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute, or to promise to give, loan, donate, or contribute any money, property, entertainment, or other thing of value whatsoever to, or to split or divide any fee or commission with, any bondsman, police officer, sheriff, deputy sheriff, constable, probation officer, assistant probation officer, bailiff, clerk or other attache of any criminal court for causing or procuring or assisting in causing or procuring any person to employ such attorney to represent him in any criminal case in the State of West Virginia.
WV Code § 51-10-5 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-5. Receiving Other Than Regular Fee for Bonding Prohibited; Bondsman Prohibited From Endeavoring to Secure Dismissal or Settlement

It shall be lawful to charge for executing any bond in a criminal case in the State of West Virginia, and it shall be unlawful for any person or corporation engaged in the bonding business, either as principal, or clerk, agent or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money, or other thing of value, other than the bonding fee from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment or charge upon which said person is bailed or held in the State of West Virginia, or in any counties where the court has regulated bonding fees pursuant to section eight of this article, it shall be unlawful for any person or corporation engaged in the bonding business, either as principal, clerk, agent, or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money or other thing of value other than the duly authorized maximum bonding fee, from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment or charge upon which said person is bailed or held in the State of West Virginia. It also shall be unlawful for any person or corporation engaged either as principal or as agent, clerk, or representative of another in the bonding business, to settle, or attempt to settle, or to procure or attempt to procure the dismissal of any indictment, information, or charge against any person in custody or held upon bond in the State of West Virginia, with any court, or with the prosecuting attorney, or with any police officer in any court in the State of West Virginia.
WV Code § 51-10-5a (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-5a. Bonding Fee and Collateral Security Required by Bail Bondsmen

(a) The bonding fee required by a bail bondsman shall be at least ten percent of the amount of the bond. The bonding fee received by the bondsman shall not, in the aggregate, exceed the amount of the bond.(b) The bonding fee may be paid as follows:(1) In full at the time of the issuance of the bond; or(2) At least three percent paid at the issuance of the bond with the remaining percentage to be paid over a period not to exceed twelve months.(c) When collateral or security is received by a bail bondsman, a receipt shall be furnished. Copies of all receipts issued shall be kept by the bail bondsman for a minimum of five years. All receipts issued shall:(1) Be prenumbered and used and filed in consecutive numerical order;(2) Show the name and address of the bail bondsman;(3) Show the name and address of the person providing the collateral;(4) Show the amount and nature of the collateral and the date received;(5) Show the name of the person accepting collateral; and(6) Show the total amount of the bond for which the collateral is being accepted and the name of the defendant.(d) When a bond is to be forfeited, the court is to give notification to the bail bondsman within twenty-four hours of the failure to appear.
WV Code § 51-10-6 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-6. Posting Names of Authorized Bondsmen; List to Be Furnished Prisoners; Prisoner May Communicate With Bondsman; Record to Be Kept by Police

A typewritten or printed list alphabetically arranged of all persons engaged under the authority of any courts of record pursuant to section eight of this article, in the business of becoming surety on the bonds for compensation shall be posted in a conspicuous place in each police precinct, jail, prisoner's dock, house of detention, municipal court, and justice of the peace court within the county, and one or more copies thereof kept on hand; and when any person who is detained in custody in any such place of detention shall request any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, said list shall be furnished to the person so requesting, and it shall be the duty of the person in charge of said place of detention within a reasonable time to put the person so detained in communication with the bondsman so selected, and the person in charge of said place of detention shall contemporaneously with said transaction make in the blotter or book of record kept in any such place of detention, a record showing the name of the person requesting the bondsman, the offense with which the said person is charged, the time at which the request was made, the bondsman requested, and the person by whom the said bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered.
WV Code § 51-10-7 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-7. Bondsman Prohibited From Entering Place of Detention Unless Requested by Prisoner; Record of Visit to Be Kept

It shall be unlawful for any bondsman, agent, clerk, or representative of any bondsman to enter a police precinct, jail, prisoner's dock, house of detention, justice of the peace court, or other place where persons in the custody of the law are detained in the State of West Virginia, for the purpose of obtaining employment as a bondsman, without having been previously called by a person so detained, or by some relative or other authorized person acting for or on behalf of the person so detained, and whenever any person engaged in the bonding business as principal, or as clerk, or representative of another, shall enter a police precinct, jail, prisoner's dock, house of detention, justice of the peace court, or other place where persons in the custody of the law are detained in the State of West Virginia, he shall forthwith give to the person in charge thereof his mission there, the name of the person calling him and requesting him to come to such place, and the same shall be recorded by the person in charge of the said place of detention and preserved as a public record, and the failure to give such information, or the failure of the person in charge of said place of detention to make and preserve such a record, shall constitute a violation of this article.
WV Code § 51-10-9 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-9. Penalties

Any person violating any provisions of this article other than in the commission of false swearing shall be punished by a fine of not more than $100, or by imprisonment not exceeding six months in the county jail, or both, where no other penalty is provided by this article; and if the person so convicted be a police officer or other public official, he shall upon recommendation of the judge of the criminal court of record of the county to which this article is applicable also be forthwith removed from office; if a bondsman, or the agent, clerk, or representative of a bondsman, he shall be disqualified from thereafter engaging in any manner in the bonding business for such a period of time as the judge of the criminal court of record of the county to which this article is applicable shall order; and, if an attorney at law, shall be subject to suspension or disbarment as attorney at law.
WV Code § 51-10-10 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10. Professional Bondsmen in Criminal Cases|§51-10-10. Enforcement of Article

It shall be the duty of the judges of the criminal courts of record, the municipal courts, the justices of the peace of the county to which this article is applicable, to see that this article is enforced, and upon the impaneling of each grand jury in the State of West Virginia it shall be the duty of the judge impaneling said jury to give it in charge to the jury to investigate the manner in which this article is enforced and all violations thereof.
WV Code § 51-10A-1 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10A. Bail Bond Enforcers|§51-10A-1. Definitions

As used in this article:(a) "Bail bondsman" means any person, partnership or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with a criminal offense or violation of law punishable by fine or imprisonment before any court within or without this state. The term "bail bondsman" includes, but is not limited to, persons conducting a bonding business as defined in section one, article ten of this chapter.(b) "Bail bond enforcer" means a person who on behalf of a bail bondsman enters this state or is present in this state for the purposes of: (1) Assisting a bail bondsman in presenting the defendant in court when required; (2) assisting in the apprehension and surrender of the defendant to a court; (3) keeping a defendant under surveillance; or (4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded. The term "bail bond enforcer" does not include a duly licensed attorney-at-law or a law-enforcement officer assisting a bail bondsman.
WV Code § 51-10A-3 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10A. Bail Bond Enforcers|§51-10A-3. Effect of Authorization

A bail bond enforcer authorized or employed by a bail bondsman to act within this state with respect to any defendant whose custody or appearance the bail bond enforcer secures or attempts to secure, is the agent of the bail bondsman for any act related to the purposes set forth in section one of this article. A bail bond enforcer who acts in that capacity within this state is the agent of the bail bondsman with whom the bail bond enforcer has an agreement or written or verbal contract, whether or not authorization is filed with the West Virginia state police as required in section two of this article.
WV Code § 51-10A-4 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10A. Bail Bond Enforcers|§51-10A-4. Prohibited Conduct

A bail bond enforcer may not:(a) Enter an occupied residential structure without the consent of the occupants who are present at the time of the entry;(b) Conduct a bail recovery arrest or apprehension without written authorization from a bail bondsman;(c) Wear, carry or display any uniform, badge, shield or other insignia or emblem that implies that the bail bond enforcer is an employee, officer or agent of this state, a political subdivision of this state or the federal government. A bail bond enforcer may display identification that indicates his or her status as a bail bond enforcer only; or(d) Conduct a bail bond apprehension or arrest without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant.
WV Code § 51-10A-5 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 10A. Bail Bond Enforcers|§51-10A-5. Unauthorized Acts; Penalties

(a) A person who willfully violates any provision of section four of this article, or who acts as a bail bond enforcer within this state without filing a registration, authorization or notice required by this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 or more than $10,000, or imprisoned in the county jail not more than sixty days, or both fined and imprisoned.(b) A bail bondsman who, without filing the authorization required in this article, employs or contracts with a bail bond enforcer who enters this state or acts on the bondsman's behalf within this state; who authorizes an unregistered bail bond enforcer to act on his or her behalf; or whose agent acts in a manner prohibited in section four of this article, is subject to a civil penalty of $10,000, enforceable by civil action in the circuit court of Kanawha County or the circuit court of any county in which the unauthorized action as a bail bond enforcer has occurred. The superintendent of the West Virginia state police is authorized to enforce payment of civil penalties through the courts of this state. Civil penalties pursuant to this section are payable one-half to the State Police Death, Disability and Retirement Fund and one-half to the crime victims compensation fund.