Senate Bill No. 118
(By Senator Foster)
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[Introduced January 11, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §51-2A-6 of the Code of West Virginia,
1931, as amended, relating to setting the compensation of
secretary-clerks to family court judges.
Be it enacted by the Legislature of West Virginia:
That §51-2A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a) A family court judge is entitled to receive as
compensation for his or her services an annual salary of sixty-two
thousand five hundred dollars:
Provided, That beginning the first
day of July, two thousand five, a family court judge is entitled to
receive as compensation for his or her services an annual salary of eighty-two thousand five hundred dollars.
(b) The secretary-clerk of the family court judge is appointed
by the family court judge and serves at his or her will and
pleasure.
The secretary-clerk of the family court judge is
entitled to receive an annual salary of twenty-five thousand three
hundred thirty-two dollars.
The annual salary of the secretary-
clerk of the family court judge shall be established by the
Administrative Director of the Supreme Court of Appeals, but may
not exceed thirty-five thousand dollars.
In addition, any person
employed as a secretary-clerk to a family court judge on the
effective date of the enactment of this section during the sixth
extraordinary session of the Legislature in the year two thousand
one who is receiving an additional five hundred dollars per year up
to ten years of a certain period of prior employment under the
provisions of the prior enactment of section eight of this article
during the second extraordinary session of the Legislature in the
year one thousand nine hundred ninety-nine shall continue to
receive such additional amount. Further, the secretary-clerk will
receive such percentage or proportional salary increases as may be
provided by general law for other public employees and is entitled
to receive the annual incremental salary increase as provided in
article five, chapter five of this code.
(c) The family court judge may employ not more than one family
case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court
judge shall be established by the Administrative Director of the
Supreme Court of Appeals but may not exceed thirty-six thousand
sixty dollars. The family case coordinator will receive such
percentage or proportional salary increases as may be provided by
general law for other public employees and is entitled to receive
the annual incremental salary increase as provided in article five,
chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as
a bailiff for a family court judge. The sheriff of each county
shall serve or designate persons to serve so as to assure that a
bailiff is available when a family court judge determines the same
is necessary for the orderly and efficient conduct of the business
of the family court.
(e) Disbursement of salaries for family court judges and
members of their staffs are made by or pursuant to the order of the
Director of the Administrative Office of the Supreme Court of
Appeals.
(f) Family court judges and members of their staffs are
allowed their actual and necessary expenses incurred in the
performance of their duties. The expenses and compensation will be
determined and paid by the Director of the Administrative Office of
the Supreme Court of Appeals under such guidelines as he or she may
prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court
judges are not eligible to participate in the retirement system for
judges under the provisions of article nine of this chapter.
NOTE: The purpose of this bill is to allow the Administrative
Director of the Supreme Court of Appeals to set the
salary of
secretary-clerks to family court judges, not to exceed $35,000
annually.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.