A BILL to amend and reenact section two, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to eliminating the formula for determining the number and location of magistrates for elections held after the year two thousand; creating a third magistrate position in Nicholas County; and effective date.

(b) On or before the thirty-first day of January, one thousand nine hundred ninety-six, and on or before the first day of January in every fourth year thereafter, the supreme court of appeals shall certify to the board of ballot commissioners of each county the number of magistrates to be elected in that county for the term of office commencing on the first day of January of the succeeding year. The number of magistrates so certified shall be determined in accordance with the following:
(1) The court may not provide:
(A) For the total number of magistrates in the state to exceed one hundred fifty-six in number:

That, effective the first day of July, one thousand nine hundred ninety-seven, the total number of magistrates in the state may not exceed one hundred fifty-seven in number. An appointment shall be made on the effective date of this subsection to fill the additional magistrate position created herein;
(B) For the number of magistrates in any one county to exceed ten in number; or
(C) For the number of magistrates in any one county to be less than two in number.
(2) The court shall determine the number of magistrates that would be apportioned for each county by the application of an equal proportions formula, as follows:
(A) Two magistrates shall be allocated to each county;
(B) The population of the county shall be divided by a mathematical factor, as established by the equal proportion method, to establish each county's priority claim to additional magistrates above the two magistrates provided for by paragraph (A) of this subdivision; and
(C) Additional numbers of magistrates shall be allocated to the several counties in order of priority claims, beginning with the largest claim, until magistrates have been assigned within the limits of this section.
For purposes of this article, a determination made in accordance with the provisions of this subdivision is the "equal proportion number".
(3) The court shall determine the number of magistrates elected in each county at the last general election in which magistrates were regularly elected next prior to the preceding census taken under the authority of the United States government. For purposes of this article, that number shall be referred to as the "election number".
(4) The court shall determine the number of case filings per magistrate in each magistrate court for the most recent fiscal year preceding the date of certification, and shall rank the magistrate courts from one through fifty-five, in the order of their case filings per magistrate, with the court having the most filings per magistrate being ranked number one, and the court with the least filings per magistrate being ranked number fifty-five.
(5) If the court determines that the equal proportion number for a county is the same as the election number for that county, the court shall certify that number as the number of magistrates to be elected in that county at the next election.
(6) If the court determines that the equal proportion number for a county is different from the election number for that county, the court shall apply the ranking established by subdivision (4) of this subsection and determine the number of magistrates for the county, as follows:
(A) If the equal proportion number exceeds the election number, the number of magistrates to be elected in that county at the next election shall be the election number:

That, if the county is ranked as one through ten, inclusive, in accordance with subdivision (4) of this subsection, the court shall certify the equal proportion number as the number of magistrates to be elected in that county at the next election;
(B) If the equal proportion number is less than the election number, the number of magistrates to be elected in that county at the next election shall be the equal proportion number:

That if the county is ranked as one through ten, inclusive, in accordance with subdivision (4) of this subsection, the court shall certify the election number as the number of magistrates to be elected in that county at the next election.
(c) Any magistrate in office at the time of the effective date of this section shall continue as a magistrate, unless sooner removed or retired as provided by law, until the first day of January, one thousand nine hundred ninety-three.

(c) (1) The Legislature finds that there exists among the various counties large and unwarranted disparities of caseload between the magistrate courts. The Legislature further finds that the disparity causes an inequity with regard to magistrate court resources and the ability of such courts to effectively meet the needs of the citizens of this state who need to avail themselves of this judicial resource. The Legislature further finds that the system currently in place for allocating magistrate court resources which has been in effect since the year one thousand nine hundred ninety-one produces certain anomalies which cause quadrennial reallocation of magistrate resources based upon said anomalies which in turn cause a waste of funds, inequitable workloads, unnecessary shifting of resources and confusion among the various counties.
(2) The office of legislative services is hereby directed to undertake a comprehensive study of the magistrate courts of the various counties to determine, among other things, the work performed by various personnel in the magistrate court system, how work time is spent by said employees and to report its findings no later than the tenth day of December, two thousand one, to the joint standing committee on the judiciary.
(3) The