H. B. 2328
(By Delegates Stemple, Coleman and Williams)
[Introduced
February 19, 2001
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section thirteen, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to payment to magistrates who
serve temporarily outside their elected counties.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article one, chapter fifty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-13. Temporary service within or outside of county.
The chief justice of the supreme court of appeals or judge of
the circuit court of the county in which a magistrate is elected,
or the chief judge thereof if there is more than one judge of the circuit court, may order a magistrate to serve temporarily at
locations within the county other than at the regular office or
offices of such magistrate.
The chief justice of the supreme court of appeals or judge of
the circuit court of the county in which a magistrate is elected,
or the chief judge thereof if there is more than one judge of the
circuit court, may by order direct a magistrate to serve
temporarily in any other county within the judicial circuit for
such purposes as the judge may direct. Such The magistrate's
authority, to the extent ordered by such the judge, shall be equal
to the jurisdiction and authority of a magistrate elected in the
county to which such the magistrate is ordered to serve. Such The
temporary assignment may not exceed sixty days in length in any
given calendar year, except with the consent of the transferred
magistrate. Magistrates shall be reimbursed for such reasonable
expenses incurred in service outside of the county as provided for
by rule of the supreme court of appeals: Provided, That
magistrates who are assigned to counties with a higher salary
schedule for magistrates than the salary schedule in the county
from which the magistrate on temporary assignment was elected,
shall be reimbursed for the difference of the salary in the assigned county and the lower salary which the magistrate received
in the county of election, prorated for the number of days of the
temporary assignment:
Provided, however, That under no
circumstances may the assigned magistrate be reimbursed on a pro
rata basis for less than the salary received in the county of that
magistrate's election.
NOTE: The purpose of this bill is to provide for the payment
of magistrates who are assigned outside the magistrate's elected
county for temporary service. If the county to which the
magistrate is assigned for temporary service has a higher salary
schedule than the magistrate's home county, the magistrate shall be
paid the higher salary for the time served.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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