HB2910 HFA Burkhammer 3-1 #1

Casto 3264

Delegate Burkhammer moved to amend the bill on page 2, section 2, line 23, immediately following the word “allocated” by striking the remainder of subdivision (2) and inserting in lieu thereof the following:

“to each county as follows, based upon actual caseload and population of each county: Barbour-2, Berkeley-8, Boone-2, Braxton-2, Brooke-2, Cabell-8, Calhoun-1, Clay-1, Doddridge-1, Fayette-3, Gilmer-1, Grant-2, Greenbrier-3, Hampshire-2, Hancock-2, Hardy-2, Harrison-5, Jackson-2, Jefferson-4, Kanawha-10, Lewis-2, Lincoln-2, Logan-4, Marion-4, Marshall-2, Mason-2, McDowell-2, Mercer-5, Mineral-2, Mingo-2, Monongalia-6, Monroe-1, Morgan-2, Nicholas-3, Ohio-4, Pendelton-1, Pleasants-1, Pocahontas-1, Preston-3, Putnam-4, Raleigh-6, Randolph-3, Ritchie-1, Roane-2, Summers-1, Taylor-2, Tucker-1, Tyler-1, Upshur-2, Wayne-3, Webster-1, Wetzel-1, Wirt-1, Wood-6, Wyoming-2”

AND

on page 2, section 2, line 43, immediately following the word “population” by the following: “and caseload”

AND

on page 2, section 2, line 44, immediately following the word “county” by striking the words: “utilizing the above formula”

AND

On page 5, immediately following section 3, by inserting the following:
Ҥ50-1-13. Temporary service within or outside of county.

(a) The Chief Justice of the Supreme Court of Appeals or judge of the circuit court of the county in which a magistrate is elected, or the chief judge thereof if there is more than one judge of the circuit court, may order a magistrate to serve temporarily at locations within the county other than at the regular office or offices of the magistrate.

(b) The Chief Justice of the Supreme Court of Appeals or judge of the circuit court of the county in which a magistrate is elected, or the chief judge thereof if there is more than one judge of the circuit court, may by order direct a magistrate to serve temporarily in any other county within the judicial circuit for such any purposes as directed by the judge. may direct. The magistrate’s authority, to the extent ordered by the judge, shall be equal to the jurisdiction and authority of a magistrate elected in the county to which the magistrate is ordered to serve. The temporary assignment may not exceed 60 days in length in any given calendar year, except with the consent of the transferred magistrate.

(c) A magistrate who is temporarily assigned to a county with a higher salary schedule for magistrates than the salary schedule in the county from which the magistrate was elected, shall be reimbursed for the difference of the salary in the assigned county and the lower salary which the magistrate received in the county of election, prorated for the number of days of the temporary assignment. An assigned magistrate may not be reimbursed on a pro rata basis for less than the salary received in the county of that magistrate's election

(d) (c) A magistrate serving outside the county in which he or she is elected or appointed shall be reimbursed for reasonable expenses incurred in service outside of the county, as provided by rule of the Supreme Court of Appeals.

(d) The Supreme Court of Appeals is requested to develop a rule creating a system in which magistrates shall, on a periodic alternating basis, be assigned to preside over initial appearances, petitions for domestic violence, emergency protective orders, emergency mental health petitions, emergency juvenile delinquency petitions, and applications for the issuance of search warrants arising on a circuit-wide or other regional basis as determined by the Supreme Court of Appeals.  The authority of that magistrate shall be equal to the jurisdiction and authority of a magistrate elected or appointed in any county in which he or she is directed to preside.

(e) Nothing in this section should be construed to prohibit proceedings authorized by subsection (d) of this section being held remotely if that is determined appropriate by the Supreme Court of Appeals.”

Adopted

Rejected