ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2146
(By Delegate Stemple)
[Passed March 10, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §50-1-13 of the Code of West Virginia,
1931, as amended, relating to payment to magistrates who serve
temporarily in another county.
Be it enacted by the Legislature of West Virginia:
That §50-1-13 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-13. Temporary service within or outside of county.
(a) The Chief Justice of the Supreme Court of Appeals or judge
of the circuit court of the county in which a magistrate is
elected, or the chief judge thereof if there is more than one judge
of the circuit court, may order a magistrate to serve temporarily
at locations within the county other than at the regular office or
offices of the magistrate.
(b) The Chief Justice of the Supreme Court of Appeals or judge of the circuit court of the county in which a magistrate is
elected, or the chief judge thereof if there is more than one judge
of the circuit court, may by order direct a magistrate to serve
temporarily in any other county within the judicial circuit for
such purposes as the judge may direct. The magistrate's authority,
to the extent ordered by the judge, shall be equal to the
jurisdiction and authority of a magistrate elected in the county to
which the magistrate is ordered to serve. The temporary assignment
may not exceed sixty days in length in any given calendar year,
except with the consent of the transferred magistrate.
(c) A magistrate who is temporarily assigned to a county with
a higher salary schedule for magistrates than the salary schedule
in the county from which the magistrate was elected, shall be
reimbursed for the difference of the salary in the assigned county
and the lower salary which the magistrate received in the county of
election, prorated for the number of days of the temporary
assignment. An assigned magistrate may not be reimbursed on a pro
rata basis for less than the salary received in the county of that
magistrate's election.
(d) A magistrate shall be reimbursed for reasonable expenses
incurred in service outside of the county, as provided by rule of
the Supreme Court of Appeals
.