H. B. 2738
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth and Kominar)
[Introduced January 30, 2007; referred to the
Committee on the Judiciary.]
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 Administration, for state
employees for travel expenses to and from the juror's residence to
the place of holding court 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 sheriff
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. 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, chapter forty-eight of this code.
(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.
NOTE: The purpose of this bill is to allow magistrates to
assess the total cost of jury service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.