FISCAL NOTE
Date Requested: February 09, 2023
Time Requested: 12:05 PM |
| Agency: |
Supreme Court of Appeals |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3251 |
Introduced |
SB482 |
|
|---|
| CBD Subject: |
Magistrates |
|---|
|
FUND(S):
GENERAL REVENUE
Sources of Revenue:
General Fund
Legislation creates:
Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Senate Bill 482 reallocates circuit court judges, family court judges, and magistrates. Additionally, it allows the Supreme Court of Appeals greater flexibility to provide administrative support to family court and magistrate court.
For circuit court, the bill adds six circuit judges and eliminates one current circuit judge position for a net gain of five circuit judges statewide. Several circuit court circuits are redrawn as well.
In family court, the bill realigns two circuits and adds one additional family court judge.
In magistrate court, the bill adds eleven additional magistrates.
For family and magistrate court staff, under current law, Magistrate Assistants, Family Court Secretary-Clerks, and Family Court Case Coordinators are limited to a one staff per judge/magistrate ratio. Deputy Magistrate Clerks are limited to a maximum of 72 statewide. The bill permits the Court to evaluate workload in each county or circuit to determine whether more staff would help better balance workload as compared between counties or circuits. The bill also allows the Court to create additional support staff classifications at a lower pay rate than other support positions. For example, the Court could create receptionist position for some family courts or a cashier position for some magistrate courts.
All additional judicial officer positions take effect January 1, 2025, meaning there is no additional impact for FY24, except for one additional magistrate for Monongalia County on July 1, 2023. That additional position would add to the FY24 budget.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
157,941 |
4,202,554 |
| Personal Services |
0 |
151,941 |
4,058,554 |
| Current Expenses |
0 |
6,000 |
144,000 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
CIRCUIT COURT
This bill would increase personal services by creating five additional Circuit Court Judge positions. This will also require the addition of a Secretary, Court Reporter, and Law Clerk for each of the Circuit Judges. In total, it would add 20 FTEs to the Court’s payroll. The estimated increase in personal services, including payroll taxes and benefits is $421,930 per office (Circuit Judge, Secretary, Court Reporter, Law Clerk), for a total annual cost of $2,109,650.
There would also be an increase in current expenses, for technology costs, office supplies, training, and work-related travel. The estimated increase in current expenses is $13,000 per office, for a total annual cost of $65,000.
FAMILY COURT
This bill would increase personal services by creating one additional Family Court Judge position. This will also require the addition of a Secretary and a Case Coordinator for the Family Court Judge. In total, it would add three FTEs to the Court’s payroll.
The estimated annual increase in personal services, including payroll taxes and benefits is $277,553 for the three positions (Family Court Judge, Secretary, and Case Coordinator).
There would also be an increase in current expenses, for technology costs, office supplies, training, and work-related travel. The estimated annual increase in current expenses is $13,000.
MAGISTRATE COURT
This bill increases the number of magistrates by eleven, from 159 to 170. This would also require the addition of eleven magistrate assistants. In total, it would add twenty-two FTEs to the Court’s payroll.
The increase in personal services (including payroll taxes and benefits) per additional magistrate is $151,941 (Magistrate $85,496 + Magistrate Assistant $66,445), for a total annual cost of $1,671,351.
The increase in current expenses of $66,000 reflects the purchase of computer, printer/scanner, office supplies, and travel costs for conferences for the additional FTEs.
STAFFING FLEXIBILITY
The following is a list of total payroll costs (salary and benefits) for each position:
Family Court Secretary-Clerk: $64,743
Family Court Case Coordinator: $78,861
Magistrate Assistant: $69,868
Magistrate Court Deputy Clerk: $69,868
Exemplar new position w/ $30,000 salary: $46,947
The Court cannot accurately predict staffing needs until final action, if any, on the proposed circuit court, family court, and magistrate court realignment bills pending in the Legislature. Any staffing changes would be in result of specific unmet workload needs identified during the recent judicial workload studies. The Court will have greater clarity on staffing needs following completion of the Legislature’s work on the proposed judicial reallocation bills. Regardless, any future staff additions would be subject to Legislative review during the Court’s annual budget submission and presentation at the respective Finance Committees where the Court could provide greater detail on specific plans.
Memorandum
The bill updates obsolete statutory salary levels to reflect current levels following various across-the-board raises for all state employees. The bill also provides for an additional $2,550 raise effective July 1, 2023 to account for the proposed across-the-board raise under consideration and included in the Supreme Court’s FY24 Budget Request. If the Legislature decides to not include an additional across-the-board raise this year, those provisions will need to be amended out of the current version of the bill.
All additional judicial officer positions take effect January 1, 2025, meaning there is no additional impact for FY24, except for one additional magistrate for Monongalia County on July 1, 2023. That additional position would add to the FY24 budget.
Person submitting Fiscal Note: Keith Hoover, Deputy Admin. Director & Counsel
Email Address: Keith.Hoover@courtswv.gov