COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 566
(By Senators Chafin, Ross, Unger, Bailey and Helmick)
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[Originating in the Committee on the Judiciary;
reported February 25, 2003.]
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A BILL to amend and reenact section ten-a, article one, chapter
fifty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
thirteen, article two of said chapter; and to amend and
reenact section six, article two-a of said chapter, all
relating to increasing the salaries of justices of the supreme
court, judges of circuit courts and family court judges.
Be it enacted by the Legislature of West Virginia:
That section ten-a, article one, chapter fifty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section thirteen, article two of
said chapter be amended and reenacted; and that section six,
article two-a of said chapter be amended and reenacted, all to read
as follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.
The salary of each of the justices of the supreme court of
appeals shall be seventy-two thousand dollars per year:
Provided,
That beginning the first day of January, one thousand nine hundred
ninety-five, the salary of each of the justices of the supreme
court shall be eighty-five thousand dollars per year:
Provided,
however, That beginning the first day of July, one thousand nine
hundred ninety-nine, the salary of each of the justices of the
supreme court shall be ninety-five thousand dollars per year:
Provided further, That beginning the first day of July, two
thousand three, the salary of each of the justices of the supreme
court shall be one hundred twelve thousand five hundred dollars per
year.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges of the various circuit courts shall
be paid solely out of the state treasury. No county, county
commission, board of commissioners or other political subdivision
shall supplement or add to such salaries.
The annual salary of all circuit judges shall be sixty-five
thousand dollars per year:
Provided, That beginning the first day
of January, one thousand nine hundred ninety-five, the annual
salary of all circuit judges shall be eighty thousand dollars per
year:
Provided, however, That beginning the first day of July, one
thousand nine hundred ninety-nine, the annual salary of all circuit
judges shall be ninety thousand dollars per year:
Provided further, That beginning the first day of July, two thousand three,
the annual salary of all circuit judges shall be one hundred five
thousand dollars per year.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a) Until the thirty-first day of December, two thousand two,
a family court judge is entitled to receive as compensation for his
or her services an annual salary of sixty thousand dollars.
Beginning the first day of January, two thousand three, 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 effective the first day of July, two
thousand three, the salary of a family court judge shall be eighty-
five 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. In addition, any person employed as a
secretary-clerk to a family law master 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 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 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 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 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.
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(NOTE: The purpose of this bill is to increase salaries of
supreme court justices to $112,500.00 a year from $95,000.00 a
year; and salaries of circuit court judges to $105,000.00 a year
from $90,000.00 a year; and salaries of family court judges to
$85,500.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
)
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