ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2235
(By Delegate H. White, Kominar, Frederick, Stalnaker, Cann,
Browning and G. White)
[Passed March 11, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §50-1-8, §50-1-9 and §50-1-9a of the
Code of West Virginia, 1931, as amended, all relating to
employees of magistrate courts generally; increasing salaries
for magistrate court clerks, magistrate assistants and
magistrate court deputy clerks; and increasing the maximum
number of magistrate court deputy clerks that may be
appointed.
Be it enacted by the Legislature of West Virginia:
That §50-1-8, §50-1-9 and §50-1-9a of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the 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 the circuit court clerk is entitled
to additional compensation in the amount of two thousand five
hundred dollars per year. The magistrate court clerk serves at the
will and pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the State. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to twenty-six thousand four hundred thirty-six dollars per year
and magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to
thirty-one thousand three hundred forty-four dollars per year:
Provided, That on and after the first day of July, two thousand
six, magistrate court clerks serving magistrates who serve less
than eight thousand four hundred in population shall be paid up to
thirty-one thousand four hundred thirty-six dollars per year and
magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to
thirty-six thousand three hundred forty-four dollars per year:
Provided, however, That on and after the first day of July, two
thousand seven, magistrate court clerks serving magistrates who serve less than eight thousand four hundred in population shall be
paid up to thirty-six thousand four hundred thirty-six dollars per
year and magistrate court clerks serving magistrates who serve
eight thousand four hundred or more in population shall be paid up
to forty-one thousand three hundred forty-four dollars per year:
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
of the circuit court if there is more than one judge of the circuit
court, within the limits set forth in this section.
(c) In addition to other duties that 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 of the
circuit court 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 the
reports 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.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.
§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for
each magistrate. Each magistrate assistant shall be appointed by
the magistrate under whose authority and supervision and at whose
will and pleasure he or she shall serve. The assistant shall not
be a member of the immediate family of any magistrate and shall not
have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the
purpose of this section, "immediate family" means the relationships
of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed by the rules
of the Supreme Court of Appeals or the judge of the circuit court
or the chief judge of the circuit court if there is more than one
judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the
magistrate court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various
magistrates;
(3) The collection of all costs, fees, fines, forfeitures and
penalties which are payable to the court;
(4) The submission of moneys, along with an accounting of the
moneys, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be
located in the magistrate clerk's office;
(6) All duties related to the gathering of information and
documents necessary for the preparation of administrative reports
and documents required by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit
court if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and
payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the
magistrate assistant is accountable to the magistrate court clerk
as determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by
the State. Magistrate assistants serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to twenty-three thousand one hundred forty-eight dollars per
year and magistrate assistants serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to
twenty-six thousand two hundred forty-four dollars per year:
Provided, That on and after the first day of July, two thousand
six, magistrate assistants serving magistrates who serve less than
eight thousand four hundred in population shall be paid up to
twenty-eight thousand one hundred forty-eight dollars per year and
magistrate assistants serving magistrates who serve eight thousand four hundred or more in population shall be paid up to thirty-one
thousand two hundred forty-four dollars per year:
Provided,
however,
That on and after the first day of July, two thousand seven,
magistrate assistants serving magistrates who serve less than eight
thousand four hundred in population shall be paid up to thirty-
three thousand one hundred forty-eight dollars per year and
magistrate assistants serving magistrates who serve eight thousand
four hundred or more in population shall be paid up to thirty-six
thousand two hundred forty-four dollars per year:
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
assistants. 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 assistant shall be established by the
magistrate within the limits set forth in this section.
§50-1-9a. Magistrate court deputy clerks; duties; salary.
(a) Whenever required by workload and upon the recommendation
of the judge of the circuit court, or the chief judge of the
circuit court if there is more than one judge of the circuit court,
the supreme court of appeals may, by rule, provide for the
appointment of magistrate court deputy clerks, not to exceed seventy-two in number. The magistrate court deputy clerks shall be
appointed by the judge of the circuit court, or the chief judge if
there is more than one judge of the circuit court, to serve at his
or her will and pleasure under the immediate supervision of the
magistrate court clerk.
(b) Magistrate court deputy clerks shall have the duties,
clerical or otherwise, as may be assigned by the magistrate court
clerk and as may be prescribed by the rules of the supreme court of
appeals or the judge of the circuit court or the chief judge if
there is more than one judge of the circuit court. Magistrate
court deputy clerks may also exercise the power and perform the
duties of the magistrate court clerk as may be delegated or
assigned by the magistrate court clerk.
(c) A magistrate court deputy clerk may not be an immediate
family member of any magistrate, magistrate court clerk, magistrate
assistant or judge of the circuit court within the same county, may
not have been convicted of a felony or any misdemeanor involving
moral turpitude and must reside in this state. For purposes of
this subsection, "immediate family member" means a mother, father,
sister, brother, child or spouse.
(d) Magistrate court deputy clerks shall be paid an annual
salary by the state on the same basis and in the same amounts
established for magistrate assistants in each county, as provided
in section nine of this article.