H. B. 3201
(By Delegates Brown, Hunt, Webster, Amores and Hatfield)
[Introduced
March 24, 2005
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §51-2A-6 of the Code of West Virginia,
1931, as amended, relating to the compensation of
secretary-clerks to family court judges.
Be it enacted by the Legislature of West Virginia:
That §51-2A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a) Until the thirty-first day of December, two thousand two,
a family court judge is entitled to receive as compensation for his
or her services an annual salary of sixty thousand dollars.
Beginning the first day of January, two thousand three, a family
court judge is entitled to receive as compensation for his or her
services, an annual salary of sixty-two thousand five hundred dollars.
(b) The secretary-clerk of the family court judge is appointed
by the family court judge and serves at his or her will and
pleasure. The annual salary of the secretary-clerk shall be
established by the administrative director of the Supreme Court of
Appeals, but may not exceed thirty-five thousand dollars. The
secretary-clerk of the family court judge is entitled to receive an
annual salary of twenty-five thousand three hundred thirty-two
dollars. In addition, any person employed as a secretary-clerk to
a family law master on the effective date of the enactment of this
section during the sixth extraordinary session of the Legislature
in the year two thousand one who is receiving an additional five
hundred dollars per year up to ten years of a certain period of
prior employment under the provisions of the prior enactment of
section eight of this article during the second extraordinary
session of the Legislature in the year one thousand nine hundred
ninety-nine shall continue to receive such additional amount.
Further, the secretary-clerk will receive such percentage or
proportional salary increases as may be provided for by general law
for other public employees and is entitled to receive the annual
incremental salary increase as provided for in article five,
chapter five of this code.
(c) The family court judge may employ not more than one family
case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court
judge shall be established by the administrative director of the
Supreme Court of Appeals but may not exceed thirty-six thousand
sixty dollars. The family case coordinator will receive such
percentage or proportional salary increases as may be provided for
by general law for other public employees and is entitled to
receive the annual incremental salary increase as provided for in
article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as
a bailiff for a family court judge. The sheriff of each county
shall serve or designate persons to serve so as to assure that a
bailiff is available when a family court judge determines the same
is necessary for the orderly and efficient conduct of the business
of the family court.
(e) Disbursement of salaries for family court judges and
members of their staffs are made by or pursuant to the order of the
director of the administrative office of the Supreme Court of
Appeals.
(f) Family court judges and members of their staffs are
allowed their actual and necessary expenses incurred in the
performance of their duties. The expenses and compensation will be
determined and paid by the director of the administrative office of
the Supreme Court of Appeals under such guidelines as he or she may
prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court
judges are not eligible to participate in the retirement system for
judges under the provisions of article nine of this chapter.
NOTE: The purpose of this bill is to allow for an increase to
the salary of secretary-clerks working for Family Court Judges from
the current $25,300 up to $35,000.
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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