(By Delegates Proudfoot, Guthrie, Lane, Long,
Sobonya, Azinger, Schadler, Miley, Tabb, and Ellem)
(Originating in the Committee on Judiciary)
[February 24, 2008]
A BILL to amend and reenact § 50-1-6a of the code of West Virginia,
1931, as amended, relating to providing that counties may
petition for additional temporary magistrates to serve during
off-hours; additional compensation for those magistrates.
Be it enacted by the Legislature of West Virginia:
That § 50-1-6a
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-6a. Temporary appointment of retired magistrates.
(a) The West Virginia supreme court of appeals is authorized
and empowered to create a panel of senior magistrates to consist
of, and to utilize the talent and experience of, retired
magistrates of this state. The supreme court of appeals shall
promulgate rules providing for such senior magistrates to be
assigned duties as needed and as feasible toward the objective of
reducing caseloads and providing for replacement of magistrates who
are unavailable: Provided,
That reasonable payment shall be made to
senior magistrates on a per diem basis: Provided,
That the per diem and retirement compensation of a senior
not exceed the salary of a sitting magistrate
and allowances shall also be made for necessary expenses pursuant
to the travel regulations of the supreme court of appeals.
(b) In addition to the aforesaid reasons for temporarily
utilizing retired or former magistrates, if a county so deems it
feasible and appropriate, the county may request the supreme court
of appeals to temporarily appoint a retired or former magistrate to
serve that county during certain off-hours and days of the week
when the county believes an additional available magistrate may
serve to reduce jail incarcerations and jail costs.
(c) Any such appointment shall not exceed six months.
(d) Given that the temporarily appointed retired or former
magistrate will be asked to serve during off-hours, any retired or
former magistrate who undertakes to fill such designation shall
receive additional compensation to be determined by the supreme
court of appeals.
(e) If, after a retired or former magistrate so serves, and
the county determines that the presence of a magistrate during off
hours effected a significant reduction of incarceration and jail
costs, then the county may request the supreme court of appeals to
certify an additional magistrate to the ballot commissioners of
that county, pursuant to section two, article one, chapter fifty.
NOTE: The purpose of this bill is to permit those counties who
see fit to petition the Supreme Court of Appeals for the temporary
appointment of a retired magistrate to serve during otherwise off-
hours to ascertain if a magistrate on duty during off-hours would
reduce incarceration rates and county jail expenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would