H. B. 2794
(By Delegates Johnson, Capito, Hines,
Mahan, Pino, Webb and Wills)
(Originating in the Committee on the Judiciary)
[February 16, 1999]
A BILL to amend and reenact section one, article two, chapter
forty-four-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
twenty-four, article one, chapter forty-eight of said code; to
amend chapter fifty-one of said code by adding thereto a new
article, designated article two-a; and to amend and reenact
sections eleven and twenty-eight-a, article one, chapter
fifty-nine of said code, all relating generally to creating a
division in the circuit court of each county of this state to
be designated as the family court division; increasing the fee
for filing a petition for the appointment of a guardian or
conservator; providing for an additional fee to be collected
for each marriage license issued; establishing a family court
division within each circuit court; requiring the circuit
judges of each family court region to appoint commissioners
who are designated as family court judges; describing the
administrative and judicial functions of family court judges; establishing the criteria for apportioning the state into
family court regions; establishing family court screening
panels; providing for the appointment of family court judges;
setting forth the qualifications of family court judges;
providing for the term of office of a family court judge;
providing that the terms of family law masters currently in
office will be continued; providing for the removal of a
family court judge; establishing the compensation and expenses
is a family court judges and their staffs; describing the
rules of practice and procedure, the applicability of rules of
evidence and the promulgation of local administrative rules;
describing the matters to be heard by a family court judge;
providing for the exercise of contempt powers by a family
court judge; increasing certain fees to be charged by the
clerk of circuit court for the filing of civil actions; and
providing for the disposition of filing fees paid in divorce
and other civil actions.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter forty-four-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section twenty-four,
article one, chapter forty-eight of said code be amended and
reenacted; that chapter fifty-one of said code be amended by adding
thereto a new article, designated article two-a; and that sections eleven and twenty-eight-a, article one, chapter fifty-nine of said
code be amended and reenacted, all to read as follows:
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP
AND CONSERVATORSHIP ACT.
ARTICLE 2. PROCEDURE FOR APPOINTMENT.
§44A-2-1. Filing of a petition; jurisdiction; fees.
(a) A petition for the appointment of a guardian or
conservator
shall must be filed with the clerk of the circuit court
in the county in which the alleged protected person resides, or, if
an alleged protected person has been admitted to a health care or
correctional facility, in the county in which that facility is
located. A petition for the appointment of a conservator for a
missing person
shall be is filed with the clerk of the circuit
court in the county in which the missing person last resided.
(b) The circuit court in which the proceeding
is first
commenced
shall have has exclusive jurisdiction
, unless
that the
court determines that a transfer of venue would be in the best
interests of the person alleged to need protection.
(c) The fee for filing a petition
shall be seventy is one
hundred twenty-five dollars
,. payable upon filing to the circuit
clerk, all of which shall be retained by the circuit clerk. The
person bringing the petition shall be petitioner is responsible for
fees
for filings of required to file the petition and other papers,
for service of process, and for copies of court documents and transcripts. In the event that a guardian
and/or or conservator is
appointed by the court,
such the fees
shall will be reimbursed to
the individual who filed the petition
, from the protected person's
estate, if funds are available. Any person who is pecuniarily
unable to pay such fees and costs as set forth in article one,
chapter fifty-nine of this code, and article two, chapter fifty-one
of this code, will not be required to pay
said the fees and costs.
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 1. MARRIAGE.
§48-1-24. Additional fee to be collected for each marriage license
issued.
In addition to any fee heretofore established for the issuance
of a marriage license, the
county clerk
of the county commission
shall collect
the following for each marriage license issued:
(1) a An additional sum of fifteen dollars
, for each marriage
license issued which additional sum shall to be paid into a special
revenue account of the state treasury
to be and dispersed to local
family protection shelters as
provided in established by article
two-c of this chapter.
(2) An additional sum of twenty-seven dollars, to be paid into
the family court fund in the state treasury, established pursuant
to section twenty-three, article four, chapter forty-eight-a of
this code.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2A. CIRCUIT COURTS; FAMILY COURT DIVISION.
§51-2A-1. Family court division established in circuit court;
designation of division.
There is hereby created in the circuit court of each county in
this state, a division of the circuit court to be designated as
"The Family Court of
County, West Virginia."
§51-2A-2. Appointment of commissioners to be designated as family
court judges; administrative and judicial functions of
family court judge.
(a) In each of the family court regions, apportioned by the
supreme court of appeals as required by this article, the circuit
judges whose courts are served by that region shall constitute the
"Circuit Court Family Law Panel." A majority of the judges of the
circuit court family law panel shall appoint a determined number of
commissioners to serve, as allocated to that region by the supreme
court of appeals.
(b) A commissioner appointed under subsection (a) of this
section will be designated by the name "Family Court Judge." The
family court judge will conduct hearings in family court cases,
take testimony, hear the parties, enter orders of a temporary or
interlocutory nature, make findings of fact and conclusions of law
on the record, formulate recommendations, and report to the circuit
court. The family court judge will exercise any other power or
authority provided for in this article or article four, chapter forty-eight-a of this code.
(c) The family court judge, as a commissioner of the circuit
court, has both administrative and judicial functions to perform,
as described in subsections (d) and (e) of this section.
(d) The family court judge has responsibility for the
administration of the family court division of the circuit court.
The circuit court family law panel must monitor the administration
of the family court divisions within the region and regulate those
activities, including naming one or more circuit judges to serve as
administrative supervisor of the family court judge, through
appropriate administrative orders. The administrative orders of
the administrative supervisor regarding the family court division
will be compiled and indexed in the office of the circuit clerk and
be available for public inspection.
(e) In exercising the judicial function of the family court,
the family court judge, free of direct oversight by a circuit
judge, is responsible for the preparation or preliminary
consideration of issues requiring judicial decision, subject only
to a subsequent review by a circuit judge. A circuit judge shall
review findings of fact made by a family court judge only under a
"clearly erroneous" standard, and review the application of law to
the facts under an "abuse of discretion" standard.
§51-2A-3. Assignment of family court judges by regions.
(a) A total of thirty-five commissioners will serve as family court judges throughout the state.
(b) Before the appointment of family court judges as provided
for in section six of this article, the supreme court of appeals
shall apportion the state into geographical regions which may be
single-judge regions or multi-judge regions, or a combination of
both. County boundaries must be strictly observed and no county
may be divided among two or more regions.
(c) In making the apportionment, the supreme court of appeals
shall construct regions which provide, as nearly as is practicable,
for the caseload of each family court judge to be equal to that of
other family court judges. Mathematical exactness as to caseload
is not required and deviations from an absolute standard may be
based upon concerns, other than caseload, including, but not
limited to, deviations dictated by the following considerations:
(1) Judicial circuits;
(2) Geographical features which affect the time and expense of
travel;
(3) Traditional patterns of practice by members of the bar;
and
(4) Population variances between regions.
(d) The chief justice of the supreme court of appeals may
temporarily assign a family court judge from one geographical
region to another geographical region, as caseload,
disqualification, recusal, vacation or illness may dictate. In each case of temporary assignment, the chief justice shall appoint
only those persons currently serving as family court judges and
appointed pursuant to section two of this article.
(e) The administrative director of the supreme court shall
promulgate any procedural rule necessary to delineate the duties of
the family court judges consistent with this article.
§51-2A-4. Family Court screening panels; appointment of family
court judges.
(a) The supreme court of appeals shall appoint not less than
three screening panels throughout the state whose function shall be
to evaluate and recommend persons for appointment as family court
judges. The family court screening panel will have five members
and should be appointed from among the following persons or persons
of substantially similar backgrounds:
(1) A member of the West Virginia Bar who is actively engaged
in the practice of family law;
(2) A professional counselor, psychologist or psychiatrist
experienced in family therapy;
(3) A representative of local professional educators;
(4) A representative from the general public;
(5) A representative from a domestic violence coalition;
(6) A social worker or family mediator.
A screening panel shall not have more than two persons from
one of the listed categories, and shall not have more than three persons at any one time belonging to the same political party.
(b) At the request of the administrative director of the
supreme court of appeals, a screening panel will evaluate
applicants for appointment as family court judges. If there are
a sufficient number of qualified applicants, the screening panel
must nominate two more persons than would be required to fill the
appointments. (For a single appointment, the screening panel
should nominate three applicants; if two appointments are to be
made, the panel should nominate four applicants; if three
appointments are to be made, the panel should nominate five
applicants, and so on.)
(c) Before the first day of July, one thousand nine hundred
ninety-nine, and on a like date in every fourth year thereafter,
the screening panels shall nominate persons to be appointed as
family court judges to serve in regions as provided for under
section three of this article. The names of all applicants being
considered by a screening panel shall be listed, provided to the
offices of the appropriate circuit clerks for distribution to
interested persons not later than ten days before the date the
nominations are made by the screening panel.
(d) Before the first day of August, one thousand nine hundred
ninety-nine, and on a like date in every fourth year thereafter,
the circuit judges of this state shall appoint family court judges
to serve in regions as provided for under section three of this article.
§51-2A-5. Qualifications of family court judges.
(a) An individual appointed to serve as a family court judge
must be a member in good standing of the West Virginia state bar,
and must have at least five years experience as a practicing
attorney.
(b) Before assuming his or her duties, a family court judge
shall first attend and complete a course of instruction in
principles of family law and procedure that is given in accordance
with the supervisory rules of the supreme court of appeals. All
family court judges shall attend all courses of continuing
educational instruction as may be required by supervisory rule of
the supreme court of appeals. Failure to attend the required
courses of continuing educational instruction without good cause
constitutes neglect of duty. These courses will be provided at
least once every other year. Persons attending such courses
outside of the county of their residence will be reimbursed by the
supreme court of appeals for expenses actually incurred in
accordance with the supervisory rules of the supreme court of
appeals.
(c) A family court judge may not engage in any other business,
occupation or employment inconsistent with the expeditious, proper
and impartial performance of his or her duties as a judicial
officer. A family court judge is not permitted to engage in the outside practice of law and shall devote full time to his or her
duties as a judicial officer.
§51-2A-6. Term of office of family court judge.
(a) The term of office of a family court judge is four years.
Terms of all family court judges will commence on the first day of
September, one thousand nine hundred ninety-nine, and on a like
date in every fourth year thereafter, and will end on the thirty- first day of August, two thousand three, and on a like date in
every fourth year thereafter. An individual may be reappointed to
succeeding terms as a family court judge, to serve in the same or
a different region of the state.
(b) Upon the expiration of his or her term, a family court
judge will continue to perform the duties of the office until the
circuit judge makes another appointment, or for sixty days after
the date of the expiration of the family court judge's term,
whichever is earlier.
§51-2A-7. Vacancy in the office of family court judge.
If a vacancy occurs in the office of family court judge, the
circuit court family law panel shall, within thirty days after the
vacancy occurs, fill the vacancy by appointment for the unexpired
term. However, if the remaining portion of the unexpired term to
be filled is less than one year, the circuit court family law panel
may, in its discretion, simultaneously appoint an individual to the
unexpired term and to the next succeeding full four-year term. If the circuit court family law panel fails to act timely to fill a
vacancy, the chief justice of the supreme court of appeals may fill
the vacancy.
§51-2A-7a. Terms of family law masters continued.
The family law masters holding office on the first day of
June, one thousand nine hundred ninety-nine, by virtue of
appointments made under the prior enactments of article four,
chapter forty-eight-a of this code are continued in their term of
office through the thirty-first day of August, one thousand nine
hundred ninety-nine.
§51-2A-8. Procedure for removal of family court judge; appeal;
grounds.
(a) A family court judge may be removed from office in the
manner provided in this section for official misconduct,
malfeasance in office, incompetence, neglect of duty, gross
immorality or inability to serve.
(b) Charges may be preferred by:
(1) A circuit judge of a county that constitutes all or a part
of the family court judge's region;
(2) By the administrative director of the supreme court of
appeals; or
(3) By any person as provided in rule two of the rules of
disciplinary procedure. If a formal charge is filed by the
judicial investigation commission, such charge may recommend removal and the convening of a three judge court as provided for in
this section.
(c) The charges must be reduced to writing in the form of a
petition, duly verified by the charging party, and filed with the
supreme court of appeals. The petition must request the impaneling
or convening of a three-judge court consisting of three circuit
judges of the state. The chief justice of the supreme court of
appeals shall, without delay, designate and appoint three circuit
judges within the state, none of whom is from the region in which
the family court judge serves. In the order of appointment, the
chief justice shall designate the date, time and place for the
convening of the three-judge court. The date and time of hearing
on the petition must be more than twenty days from the date of the
filing of the petition.
The three-judge court shall, without a jury, hear the charges
and all evidence offered in support thereof or in opposition
thereto and upon satisfactory proof of the charges shall remove the
family court judge from office and place the records, papers and
property of his or her office in the possession of some other
officer or person for safekeeping or in the possession of the
person appointed as hereinafter provided to fill the office
temporarily. Final orders shall set out the court's decision to
dismiss the charges or to remove the family court judge with or
without recommendations for reprimand, suspension, conditional probation or other disposition appropriate to the case.
(d) An appeal from a final order of a three-judge court
removing or refusing to remove a family court judge from office
pursuant to this section may be taken to the supreme court of
appeals within thirty days from the date of entry of the order from
which the appeal is to be taken. The supreme court of appeals
shall consider and decide the appeal upon the original papers and
documents, without requiring the same to be printed and shall
enforce its findings by proper writ. From the date of any order of
the three-judge court removing an officer under this section until
the expiration of thirty days thereafter, and, if an appeal be
taken, until the date of suspension of such order, if suspended by
the three-judge court and if not suspended, until the final
adjudication of the matter by the supreme court of appeals the
circuit judge or judges having power to fill a vacancy in such
office may fill the same by a temporary appointment until a final
decision of the matter, and when a final decision is made by the
supreme court of appeals shall fill the vacancy in the manner
provided by law for such office.
(e) For purposes of this section, "neglect of duty" includes,
but is not limited to, failure to make findings of fact and
conclusions of law on the record.
§51-2A-9. Compensation and expenses of family court judges and
their staffs.
(a) Beginning the first day of September, one thousand nine
hundred ninety-nine, a family court judge is entitled to
compensation for his or her services an annual salary of sixty
thousand dollars. Beginning the first day of September, two
thousand, a family court judge is entitled to compensation for his
or her services an annual salary of sixty-five thousand dollars.
Beginning the first day of September, two thousand one, a family
court judge is entitled to compensation for his or her services an
annual salary of seventy thousand dollars.
(b) The secretary-clerk of the family court judge is appointed
by the family court judge and serve at his or her will and
pleasure. The secretary-clerk of the family court judge is
entitled to receive an annual salary of twenty-two thousand three
hundred eight dollars. Further, the secretary-clerk will receive
such percentage or proportional salary increases as may be provided
for by general law for other public employees and is entitled to
receive the annual incremental salary increase as provided for in
article five, chapter five of this code.
(c) The family case coordinator of the family court judge is
employed by the family court judge and serves as a will and
pleasure employee. 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. Further,
the family case coordinator will receive such percentage or proportional salary increases as may be provided for by general law
for other public employees and is entitled to receive the annual
incremental salary increase as provided for in article five,
chapter five of this code.
(d) The family court judge, with the approval of the chief
judge of the circuit, may enter into agreements with other courts,
a county commission, a sheriff and other public and private
agencies for the assignment of personnel from these other entities
to the family court division of the circuit court.
(e) A temporary family court judge is entitled to be
compensated by the supreme court of appeals at an hourly rate not
to exceed the hourly rate paid to panel attorneys for performing
work in court pursuant to the provisions of section thirteen-a,
article twenty-one, chapter twenty-nine of this code.
(f) 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.
(g) Family court judges, members of their staffs and temporary
family court judges 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.
§51-2A-10. Rules of practice and procedure; applicability of rules
of evidence; local administrative rules.
(a) Pleading, practice and procedure in matters before a
family court judge are governed by rules of practice and procedure
for family law promulgated by the supreme court of appeals pursuant
to section four, article one of this chapter.
(b) The West Virginia rules of evidence apply to proceedings
before a family court judge.
(c) The chief judge of a circuit court may promulgate local
administrative rules governing the conduct and administration of
family courts serving the circuit court. Local administrative
rules are subordinate and subject to the rules of the supreme court
of appeals or the orders of the chief justice. Rules promulgated
by the chief judge of a circuit court are made by order entered
upon the order book of the circuit court, and are effective when
filed with the clerk of the supreme court of appeals.
§51-2A-11. Matters to be heard by a family court judge.
(a) A chief judge of a circuit court shall refer to the family
court judge the following matters for hearing:
(1) Actions to obtain orders of support brought under the
provisions of section one, article five, chapter forty-eight-a of
this code;
(2) All actions to establish paternity brought under the provisions of article six of chapter forty-eight-a of this code,
and any dependent claims related to such action regarding child
support, custody and visitation;
(3) All petitions for writs of habeas corpus wherein the issue
contested is child custody;
(4) All motions for temporary relief affecting child custody,
visitation, child support, spousal support or domestic or family
violence, wherein either party has requested such referral or the
court on its own motion in individual cases or by general order has
referred such motions to the family court judge:
Provided, That if
the family court judge determines, in his or her discretion, that
the pleadings raise substantial issues concerning the
identification of separate property or the division of marital
property which may have a bearing on an award of support, the
family court judge shall notify the court of this fact and the
circuit court shall refer the case to a temporary or special family
court judge or commissioner of the court designated by the chief
justice of the supreme court;
(5) All petitions for modification of an order involving child
custody, child visitation, child support or spousal support;
(6) All actions for divorce, annulment or separate maintenance
brought pursuant to article two, chapter forty-eight of this code:
Provided, That an action for divorce, annulment or separate
maintenance which does not involve child custody or child support shall be heard by a circuit judge if, at the time of the filing of
the action, the parties file a written property settlement
agreement which has been signed by both parties;
(7) All actions wherein an obligor is contesting the
enforcement of an order of support through the withholding from
income of amounts payable as support or is contesting an affidavit
of accrued support, filed with a circuit clerk, which seeks to
collect arrearages;
(8) All actions commenced under chapter forty-eight-b of this
code or the interstate family support act of another state;
(9) Proceedings for the enforcement of support, custody or
visitation orders;
(10) All actions to establish custody of a minor child or
visitation with a minor child, including actions brought pursuant
to the uniform child custody jurisdiction act and actions brought
to establish grandparent visitation: Provided, That any action
instituted under article six, chapter forty-nine shall be heard by
a circuit judge;
(11) Civil contempts and direct contempts:
Provided, That
criminal contempts must be heard by a circuit judge; and
(12) Full hearings in domestic or family violence proceedings
wherein a protective order is sought.
(b) On its own motion or upon motion of a party, the circuit
court may revoke the referral of a particular matter to a family court judge if the family court judge is recused, if the matter is
uncontested, or for other good cause, or if the matter will be more
expeditiously and inexpensively heard by a circuit judge without
substantially affecting the rights of parties.
§51-2A-12. Contempt powers of family court judge.
(a) A family court judge, acting in his or her capacity as a
commissioner of the circuit court, may:
(1) Sanction persons through civil contempt proceedings when
necessary to preserve and enforce the rights of private parties or
to administer remedies granted by the court;
(2) Regulate all proceedings in a hearing before the family
court judge;
(3) Punish direct contempts that are offered in the presence
of the court or that obstruct or corrupt the proceedings of the
court.
(b) A family court judge may enforce compliance with his or
her lawful orders with remedial or coercive sanctions designed to
compensate the complainant for losses sustained and to coerce
obedience for the benefit of the complainant. Sanctions must give
the contemnor an opportunity to purge himself. In selecting
sanctions, the court must use the least possible power adequate to
the end proposed. A person who lacks the present ability to comply
with the order of the court may not be confined for a civil
contempt. Sanctions may include, but are not limited to, seizure or impoundment of property to secure compliance with a prior order.
Ancillary relief may provide for an award of attorney's fees.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for
services rendered as such clerk the following fees, and such fees
shall be paid in advance by the parties for whom such services are
to be rendered:
(1) For instituting any civil action under the rules of civil
procedure, any statutory summary proceeding, any extraordinary
remedy, the docketing of civil appeals, or any other action, cause,
suit or proceeding,
seventy-five dollars: Provided, That the fee
for instituting an action for divorce shall be one hundred
five
twenty-five dollars
.; and
(2) For petitioning for the modification of an order involving
child custody, child visitation, child support or spousal support,
fifty dollars.
(b) In addition to the foregoing fees, the following fees
shall likewise be charged and collected:
(1) For preparing an abstract of judgment, five dollars;
(2) For any transcript, copy or paper made by the clerk for
use in any other court or otherwise to go out of the office, for each page, fifty cents;
(3) For action on suggestion, ten dollars;
(4) For issuing an execution, ten dollars;
(5) For issuing or renewing a suggestee execution, including
copies, postage, registered or certified mail fees and the fee
provided by section four, article five-a, chapter thirty-eight of
this code, three dollars;
(6) For vacation or modification of a suggestee execution, one
dollar;
(7) For docketing and issuing an execution on a transcript of
judgment from magistrate's court, three dollars;
(8) For arranging the papers in a certified question, writ of
error, appeal or removal to any other court, five dollars;
(9) For postage and express and for sending or receiving
decrees, orders or records, by mail or express, three times the
amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or
defendant, to be paid by the party requesting the same, fifty
cents;
(11) For additional service (plaintiff or appellant) where any
case remains on the docket longer than three years, for each
additional year or part year, twenty dollars.
(c) The clerk shall tax the following fees for services in any
criminal case against any defendant convicted in such court:
(1) In the case of any misdemeanor, fifty-five dollars;
(2) In the case of any felony, sixty-five dollars.
(d) No such clerk shall be required to handle or accept for
disbursement any fees, costs or amounts, of any other officer or
party not payable into the county treasury, except it be on order
of the court or in compliance with the provisions of law governing
such fees, costs or accounts.
§59-1-28a. Disposition of filing fees in divorce and other civil
actions and fees for services in criminal cases.
(a) Except for those payments to be made from amounts equaling
filing fees received for the institution of divorce actions as
prescribed in subsection (b) of this section,
or for petitioning
for guardianship as prescribed in subsection © of this section, for
each civil action instituted under the rules of civil procedure,
any statutory summary proceeding, any extraordinary remedy, the
docketing of civil appeals, or any other action, cause, suit or
proceeding in the circuit court, the clerk of the court shall, at
the end of each month, pay into the funds or accounts described in
this subsection an amount equal to the amount set forth in this
subsection of every filing fee received for instituting such action
as follows:
(1) Into the regional jail and correctional facility
development fund in the state treasury established pursuant to the
provisions of section ten, article twenty, chapter thirty-one of this code, the amount of sixty dollars;
(2) Into the court security fund in the state treasury
established pursuant to the provisions of section fourteen, article
three, chapter fifty-one of this code, the amount of five dollars;
(3) Into the special revenue account of the state treasury,
established pursuant to section twenty-four, article one, chapter
forty-eight of this code, an amount of ten dollars;
(4) Into the family court fund in the state treasury
established pursuant to the provisions of section twenty-three,
article four, chapter forty-eight-a of this code, an amount of
thirty-five dollars.
(b) For each divorce action instituted in the circuit court,
the clerk of the court shall, at the end of each month, pay into
the funds or accounts in this subsection an amount equal to the
amount set forth in this subsection of every filing fee received
for instituting such divorce action as follows:
(1) Into the regional jail and correctional facility
development fund in the state treasury established pursuant to the
provisions of section ten, article twenty, chapter thirty-one of
this code, the amount of ten dollars;
(2) Into the special revenue account of the state treasury,
established pursuant to section twenty-four, article one, chapter
forty-eight of this code, an amount of
thirty ten dollars;
(3) Into the family
law masters court fund in the state treasury, established pursuant to section twenty-three, article
four, chapter forty-eight-a of this code, an amount of
fifty ninety
dollars; and
(4) Into the court security fund in the state treasury,
established pursuant to the provisions of section fourteen, article
three, chapter fifty-one of this code, the amount of five dollars.
(c)
For each action instituted in the circuit court
petitioning for appointment of a guardian or conservator, the clerk
of the court shall, at the end of each month, pay into the funds or
accounts in this subsection an amount equal to the amount set forth
in this subsection of every filing fee received for petitioning for
such appointment as follows:
(1) Into the special revenue account of the state treasury,
established pursuant to section twenty-four, article one, chapter
forty-eight of this code, an amount of five dollars;
(2) Into the family court fund in the state treasury,
established pursuant to section twenty-three, article four, chapter
forty-eight-a of this code, an amount of forty-five dollars; and
(3) Into the court security fund in the state treasury,
established pursuant to the provisions of section fourteen, article
three, chapter fifty-one of this code, the amount of five dollars.
(d) For each action instituted in the circuit court
petitioning for modification of an order involving child custody,
child visitation, child support or spousal support, the clerk of the court shall, at the end of each month, pay into the funds or
accounts in this subsection an amount equal to the amount set forth
in this subsection of every filing fee received for instituting
such modification proceeding the amount of fifty dollars.
(e) The clerk of each circuit court shall, at the end of each
month, pay into the regional jail and prison development fund in
the state treasury an amount equal to forty dollars of every fee
for service received in any criminal case against any defendant
convicted in such court and shall pay an amount equal to five
dollars of every such fee into the court security fund in the state
treasury established pursuant to the provisions of section
fourteen, article three, chapter fifty-one of this code.