ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4123
(By Delegates Schadler and Amores
)
(Originating in the Committee on Finance)
[Passed March 12, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §50-1-3, §50-1-8 and §50-1-9 of the
code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §50-1-9b, all
relating to magistrate courts; modifying the criteria upon
which magistrate, magistrate court clerk, and magistrate
assistant salaries are based; authorizing the Supreme Court of
Appeals to create a panel of senior magistrate court clerks;
granting authority to senior magistrate court clerks to fill
certain vacancies; authorizing the Supreme Court of Appeals to
promulgate rules for senior magistrate court clerks; providing
for reasonable compensation to senior clerks; providing for
reimbursement of certain expenses incurred by senior clerks.
Be it enacted by the Legislature of West Virginia:
That §50-1-3, §50-1-8 and §50-1-9 of the code of West
Virginia, 1931, as amended, be amended and reenacted; and that said
code be amended by adding thereto a new section, designated §50-1-9b, all to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.
(a) The Legislature finds and declares that:
(1) The West Virginia Supreme Court of Appeals has held that
a salary system for magistrates which is based upon the population
that each magistrate serves does not violate the equal protection
clause of the Constitution of the United States;
(2) The West Virginia Supreme Court of Appeals has held that
a salary system for magistrates which is based upon the population
that each magistrate serves does not violate section thirty-nine,
article VI of the Constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for
magistrates is an equitable and rational manner by which
magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one
tier for magistrates serving less than eight thousand four hundred
in population and the second tier for magistrates serving eight
thousand four hundred or more in population is rational and
equitable given current statistical information relating to
population and caseload; and
(5) That all magistrates who fall under the same tier should
be compensated equally.
(b) The salary of each magistrate shall be paid by the state.
Magistrates who serve fewer than eight thousand four hundred in
population shall be paid annual salaries of thirty thousand six hundred twenty-five dollars and magistrates who serve eight
thousand four hundred or more in population shall be paid annual
salaries of thirty-seven thousand dollars:
Provided, That on and
after the first day of July, two thousand three, magistrates who
serve fewer than eight thousand four hundred in population shall be
paid annual salaries of thirty-three thousand six hundred
twenty-five dollars and magistrates who serve eight thousand four
hundred or more in population shall be paid annual salaries of
forty thousand dollars.
(c) For the purpose of determining the population served by
each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. For
the purpose of this article, the population of each county is the
population as determined by the last preceding decennial census
taken under the authority of the United States government.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the judge may
appoint a magistrate court clerk or may by rule require the duties
of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled
to additional compensation in the amount of two thousand five
hundred dollars per year. The magistrate court clerk serves at the will and pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand seven hundred forty-eight dollars per month and
magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to two
thousand one hundred fifty-seven dollars per month:
Provided, That
on and after the first day of January, two thousand two, magistrate
court clerks serving magistrates who serve less than eight thousand
four hundred in population shall be paid up to one thousand nine
hundred ninety-eight dollars per month and magistrate court clerks
serving magistrates who serve eight thousand four hundred or more
in population shall be paid up to two thousand four hundred seven
dollars per month:
Provided, however, That after the effective
date of this section, any general salary increase granted to all
state employees, whose salaries are not set by statute, expressed
as a percentage increase or an "across-the-board" increase, may
also be granted to magistrate court clerks. For the purpose of
determining the population served by each magistrate, the number of
magistrates authorized for each county shall be divided into the
population of each county. The salary of the magistrate court
clerk shall be established by the judge of the circuit court, or
the chief judge of the circuit court if there is more than one
judge of the circuit court, within the limits set forth in this
section.
(c) In addition to other duties that may be imposed by the
provisions of this chapter or by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court,
it is the duty of the magistrate court clerk to establish and
maintain appropriate dockets and records in a centralized system
for the magistrate court, to assist in the preparation of the
reports required of the court and to carry out on behalf of the
magistrates or chief magistrate if a chief magistrate is appointed,
the administrative duties of the court.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.
§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for
each magistrate. Each magistrate assistant shall be appointed by
the magistrate under whose authority and supervision and at whose
will and pleasure he or she shall serve. The assistant shall not
be a member of the immediate family of any magistrate and shall not
have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the state of West Virginia. For the
purpose of this section, "immediate family" means the relationships
of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed by the rules of the Supreme Court of Appeals or the judge of the circuit court
or the chief judge of the circuit court if there is more than one
judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the
magistrate court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various
magistrates;
(3) The collection of all costs, fees, fines, forfeitures and
penalties which are payable to the court;
(4) The submission of moneys, along with an accounting of the
moneys, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be
located in the magistrate clerk's office;
(6) All duties related to the gathering of information and
documents necessary for the preparation of administrative reports
and documents required by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit
court if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and
payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the
magistrate assistant is accountable to the magistrate court clerk
as determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by the
state. Magistrate assistants serving magistrates who serve less than eight thousand four hundred in population shall be paid up to
one thousand four hundred seventy-four dollars per month and
magistrate assistants serving magistrates who serve eight thousand
four hundred or more in population shall be paid up to one thousand
seven hundred thirty-two dollars per month:
Provided, That on and
after the first day of January, two thousand two, magistrate
assistants serving magistrates who serve less than eight thousand
four hundred in population shall be paid up to one thousand seven
hundred twenty-four dollars per month and magistrate assistants
serving magistrates who serve eight thousand four hundred or more
in population shall be paid up to one thousand nine hundred
eighty-two dollars per month:
Provided, however, That after the
effective date of this section, any general salary increase granted
to all state employees, whose salaries are not set by statute,
expressed as a percentage increase or an "across-the-board"
increase, may also be granted to magistrate assistants. For the
purpose of determining the population served by each magistrate, the
number of magistrates authorized for each county shall be divided
into the population of each county. The salary of the magistrate
assistant shall be established by the magistrate within the limits
set forth in this section.
§50-1-9b. Appointment of senior magistrate court clerks.
The West Virginia Supreme Court of Appeals is authorized to
create a panel of senior magistrate court clerks to utilize the
talent and experience of former magistrate court clerks of this
state. The Supreme Court of Appeals shall promulgate rules providing for senior magistrate court clerks to be assigned duties
as needed to serve: (1) In the place of magistrate court clerks who
are on authorized leave or are otherwise unavailable; or (2) while
there is a vacancy in a magistrate court clerk's office. The
Supreme Court of Appeals shall further promulgate rules to provide
for: (1) Reimbursement of travel and other necessary expenses
actually incurred while the senior clerk is serving outside the
county of his or her residence; and (2) reasonable compensation on
a per diem basis:
Provided, That the per diem and retirement
compensation of a senior magistrate court clerk may not exceed the
salary of the magistrate court clerk in whose place the senior clerk
is serving.
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