Senate Bill No. 204
(By Senators Kessler, Oliverio, Chafin, Foster, Green,
Hunter, Jenkins, Minard, Stollings, Wells, White, Barnes, Caruth,
Deem, Hall, McKenzie and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 24, 2007.]
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A BILL to amend and reenact §52-1-17 of the Code of West Virginia,
1931, as amended, relating to assessing the cost of petit
juries in magistrate court.
Be it enacted by the Legislature of West Virginia:
That §52-1-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PETIT JURIES.
§52-1-17. Reimbursement of jurors.
(a) A juror shall be paid mileage, at the rate set by the
commissioner of finance and Secretary of the Department of
Administration
for state employees, for travel expenses
to and from
the juror's residence to the
place of holding court courthouse or
other place where the court is convened and return and shall be
reimbursed for other expenses incurred as a result of
his or her
required attendance at sessions of the court at a rate
of between
fifteen and forty dollars of not less than fifteen dollars nor more
than forty dollars, set at the discretion of the circuit court or
the chief judge
thereof of the circuit court, for each day of required attendance.
Such The reimbursement shall be based on
vouchers submitted to the sheriff
. Such mileage and reimbursement
and shall be paid out of the State Treasury.
(b) When a jury in any case is placed in the custody of the
sheriff, he or she shall provide
for and furnish the jury
with
necessary meals and lodging while they are in the sheriff's custody
at a reasonable cost to be determined by an order of the
court; and
the court. The costs of the meals and lodging shall be paid
for
out of the State Treasury.
(c) Anytime a panel of prospective jurors has been required to
report to court for the selection of a petit jury in any scheduled
matter, the court shall, by specific provision in a court order,
assess a jury cost. In
both magistrate and circuit court cases the
jury cost shall be the actual cost of the jurors' service:
Provided, That the actual cost of a magistrate jury can only be
assessed where the jury request or demand occurs on or after the
first day of July, two thousand seven. and in magistrate court
cases, the jury cost assessed shall be two hundred dollars. Such
The jury costs shall be assessed against the parties as follows:
(1) In every criminal case, against the defendant upon
conviction, whether by plea, by bench trial or by jury verdict;
(2) In every civil case, against either party or prorated
against both parties, at the court's discretion, if the parties
settle the case or
trial is to the bench elect for a bench trial;
and
(3) In the discretion of the court, and only when fairness and
justice so require, a circuit court or magistrate court may forego
assessment of the jury fee, but shall set out the reasons
therefor for waiving the fee in a written order
: Provided, That a waiver of
the assessment of a jury fee in a case tried before a jury in
magistrate court may only be permitted after the circuit court, or
the chief judge
thereof of the circuit court, has reviewed the
reasons set forth in the order by the magistrate and has approved
such the waiver.
(d)(1) The circuit or magistrate court clerk shall by the
tenth day of the month following the month of collection remit to
the State Treasurer for deposit as described in subdivision (2) of
this subsection all jury costs collected and the clerk and the
clerk's surety are liable
therefor for the collection on the
clerk's official bond as for other money coming into the clerk's
hands by virtue of the clerk's office.
(2) The jury costs described in subdivision (1) of this
subsection shall upon receipt by the State Treasurer be deposited
as follows: (A) One-half shall be deposited into the Parent
Education and Mediation Fund created in section six hundred four,
article nine, chapter forty-eight of this code; and (B) one-half
shall be deposited into the Domestic Violence Legal Services Fund
created in section six hundred three, article twenty-six of said
chapter.
(e) The sheriff shall pay into the State Treasury all jury
costs received from the court clerks and the sheriff shall be held
to account in the sheriff's annual settlement for all
such the
moneys.
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(NOTE: The purpose of this bill is to allow magistrates to
assess the total cost of jury service. Under the previous statute the magistrates always assess two hundred dollars.
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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