Senate Bill No. 428

(By Senator Schoonover)

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[Introduced February 17, 1995; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section eight, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article four, chapter fifty-one of said code, all relating to magistrate courts; courts and officers; supreme court of appeals; circuit courts; and placing circuit court clerks under the administrative supervision and control of the supreme court of appeals and magistrate court clerks under the supervision and control of circuit court clerks.

Be it enacted by the Legislature of West Virginia:
That section eight, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section one, article four, chapter fifty-one of said code be amended and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.

In each county having three or more magistrates the judge of the circuit court or the chief judge thereof, if there is more than one judge of the circuit court, shall appoint a magistrate court clerk. In all other counties such judge may appoint a magistrate court clerk or may by rule require the duties of the magistrate court clerk to be performed by the clerk of the circuit court, in which event such circuit court clerk shall be entitled to additional compensation in the amount of two thousand five hundred dollars per year. Effective the first day of July, one thousand nine hundred ninety-five, The magistrate court clerk clerks shall serve at the will and pleasure of the circuit judge, subject to the supreme court of appeals by rule providing for the supervision and control of magistrate court clerks by clerks of the circuit court.
Magistrate court clerks shall be paid a monthly salary by the state. Magistrate court clerks serving magistrates who serve less than ten thousand in population shall be paid up to one thousand two hundred forty-one dollars per month and magistrate court clerks serving magistrates who serve ten thousand or more in population shall be paid up to one thousand six hundred fifty dollars per month: Provided, That on and after the first day of January, one thousand nine hundred ninety-two, magistrate court clerks serving magistrates who serve less than ten thousand in population shall be paid up to one thousand three hundred twenty-five dollars per month and magistrate court clerks serving magistrates who serve ten thousand or more in population shall be paid up to one thousand seven hundred thirty-four dollars per month: Provided, however, That on and after the first day of January, one thousand nine hundred ninety-three, magistrate court clerks serving magistrates who serve less than eight thousand five hundred in population shall be paid up to one thousand four hundred fifty dollars per month and magistrate court clerks serving magistrates who serve eight thousand five hundred or more in population shall be paid up to one thousand eight hundred fifty-nine dollars per month: Provided further, That after the effective date of this section, any general salary increase granted to all state employees, whose salaries are not set by statute, expressed as a percentage increase or an "across-the-board" increase, may also be granted to magistrate court clerks. For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each county shall be divided into the population of each county. The salary of the magistrate court clerk shall be established by the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, within the limits set forth in this section.
In addition to other duties as may be imposed by the provisions of this chapter or by the rules of the supreme court of appeals or the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, it is the duty of the magistrate court clerk to establish and maintain appropriate dockets and records in a centralized system for the magistrate court, to assist in the preparation of such reports as may be required of the court and to carry out on behalf of the magistrates or chief magistrate if a chief magistrate is appointed, the administrative duties of the court.
The magistrate court clerk or, if there is no magistrate court clerk in the county, the clerk of the circuit court has the authority to issue all manner of civil process and to require the enforcement of subpoenas and subpoenas duces tecum in magistrate court.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 4. GENERAL PROVISIONS RELATING TO CLERKS OF COURTS.
§51-4-1. Where clerks' offices to be kept.
The clerk's office of the supreme court of appeals shall be kept at the seat of government, unless such the court shall direct it to be kept elsewhere. The clerks' offices of the circuit court and county court commission of every county shall be kept at the courthouse of such the county, unless there shall have been a failure to provide such offices there, in which case they may be kept at such other place within the county as the respective courts may direct. The supreme court of appeals shall be responsibe for the administrative supervision and control of the clerks' offices of the circuit court.

NOTE: The purpose of this bill is to place circuit court clerks under the administrative supervision and control of the Supreme Court of Appeals and all Magistrate Court clerks under the supervision and control of circuit court clerks.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.