Introduced Version House Bill 3321 History

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H. B. 3321

(By Delegates Palumbo, Manchin, Amores,
Staton, Webster and Morgan)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-13a, relating to creation of the Judicial Compensation Commission; providing for the appointment of Commission members; providing that the Commission makes recommendations to the Legislature concerning the salary of Magistrates, Judges and Justices.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-2-13a, to read as follows:
§51-2-13a. Judicial Compensation Commission.

The Judicial Compensation Commission is hereby created. It consists of five members who have been residents of this state for at least ten years prior to the date of appointment. The Governor shall appoint the members, no more than three of whom shall be members of the same political party. Members shall be broadly representative of the public at large. Members of the Legislature and officers and employees of the state, or any county, municipality or any other governmental unit of this state, including the judiciary, are not eligible to serve as a member of the Commission.
Each member of the Commission serves a term of five years, except for the members first appointed, one member serves for one year, and one each for terms ending two, three, four and five years after the date of his or her appointment. As the term of each member first appointed expires, a successor is appointed for a five year term. Any member may be reappointed for any number of terms, and any vacancy shall be filled by the Governor for the unexpired term. Any member of the Commission may be removed by the Governor prior to the expiration of the member's term for official misconduct, incompetency or neglect of duty. The Governor shall designate one member of the Commission as Chairperson. The members of the Commission serve without compensation, but shall be entitled to be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as members.
The Commission meets every year and shall, within fifteen days after the beginning of the regular session of the Legislature in the year two thousand six and within fifteen days after the beginning of the regular session and each second year thereafter, submit by proposal, to the Legislature, its recommendation for compensation and expense allowance for all members of the judiciary of this state, including Magistrates, Circuit Court Judges and Supreme Court of Appeals Justices.
Once the Commission submits a proposal for compensation to the Legislature, the Legislature shall act on the proposal and either enact the proposal into law or reject the proposal: Provided, That, in rejecting a proposal, the Legislature may reduce the recommended compensation but may not increase it.

NOTE: The purpose of this bill is to provide for the creation of the Judicial Compensation Commission. The purpose of the Commission is to make recommendations to the Legislature concerning the level of salary for magistrates, judges and justices.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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