WEST virginia Legislature
2017 regular session
By
[
to the Committee on Political Subdivisions then the Judiciary.
A BILL to amend and
reenact §50-1-9a of the
Code of West Virginia, 1931, as amended, relating to creating an additional
magistrate court deputy clerk position for Marion County.
Be it enacted by the
Legislature of West Virginia:
That §50-1-9a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND
OFFICERS.
§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.
(e) Notwithstanding any
provision of this code to the contrary, the amendments made to section nine of
this article during the 2013 First Extraordinary Session, and the effects of
those amendments on subsection (d) of this section, are effective upon passage
and are retroactive to January 1, 2013.
(f) Beginning January 1,
2017, the annual salary of all magistrate court deputy clerks is $39,348. After the effective date of this section, a
general salary increase granted to 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 deputy clerks.
(g) Notwithstanding the
limit in subsection (a) of this section, there is created, effective July 1,
2017, an additional magistrate court deputy clerk position for Marion County.
NOTE: The purpose of this bill is
to create a new magistrate court deputy clerk position for Marion County.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.