H. B. 2731
(By Delegates Trump, Doyle, Staton and Manuel)
[Introduced March 5, 2001
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact sections three, four, eight and nine,
article one, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
increasing the pay of magistrates, magistrate court clerks,
and magistrate assistants in counties with high caseloads.
Be it enacted by the Legislature of West Virginia:
That sections three, four, eight and nine, article one,
chapter fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, 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 article VI, section
thirty-nine 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 five hundred
in population and having lower caseloads and the second tier for
magistrates serving eight thousand five hundred or more in
population or having higher caseloads as defined in this section,
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) As used in this section and in sections four, eight and nine of this article, the term "counties with a high caseload"
means a county that had over three thousand total filings according
to audit by the department of tax and revenue of the filings for
the magistrate courts in the state for the year one thousand nine
hundred ninety-six.
(b) (c) The salary of each magistrate shall be paid by the
state. Magistrates who serve less than ten thousand in population
shall be paid annual salaries of twenty thousand six hundred
twenty-five dollars and magistrates who serve ten thousand or more
in population shall be paid annual salaries of twenty-seven
thousand dollars: Provided, That on and after the first day of
January, one thousand nine hundred ninety-two, magistrates who
serve less than ten thousand in population shall be paid annual
salaries of twenty-one thousand six hundred twenty-five dollars and
magistrates who serve ten thousand or more in population shall be
paid annual salaries of twenty-eight thousand dollars: Provided,
however, That on and after the first day of January, one thousand
nine hundred ninety-three, magistrates who serve less than eight
thousand five hundred in population shall be paid annual salaries
of twenty-three thousand six hundred twenty-five dollars and
magistrates who serve eight thousand five hundred or more in population shall be paid annual salaries of thirty thousand
dollars:
Provided further, That On and after the first day of
January, one thousand nine hundred ninety-seven, magistrates who
serve less than eight thousand five hundred in population shall be
paid annual salaries of twenty-six thousand six hundred twenty-five
dollars and magistrates who serve eight thousand five hundred or
more in population shall be paid annual salaries of thirty-three
thousand dollars:
Provided, That on and after the first day of
January, two thousand one, magistrates who serve in counties with
high caseloads, as defined in this section, shall be paid the same
annual salaries as magistrates who serve eight thousand five
hundred or more in population.
(c) (d) 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.
§50-1-4. Qualifications of magistrates; training; oath; continuing
education; time devoted to public duties.
Each magistrate shall be at least twenty-one years of age, shall have a high school education or its equivalent, shall not
have been convicted of any felony or any misdemeanor involving
moral turpitude and shall reside in the county of his
or her
election. No magistrate shall be a member of the immediate family
of any other magistrate in the county. In the event more than one
member of an immediate family shall be elected in a county, only
the member receiving the highest number of votes shall be eligible
to serve. For purposes of this section, immediate family means the
relationship of mother, father, sister, brother, child or spouse.
Notwithstanding the foregoing provisions of this section, each
person who held the office of justice of the peace on the fifth day
of November, one thousand nine hundred seventy-four, and who served
in or performed the functions of
such the office for at least one
year immediately prior thereto shall be
deemed considered qualified
to run for the office of magistrate in the county of his
or her
residence.
No person shall assume the duties of magistrate unless he
or
she shall have first attended and completed a course of instruction
in rudimentary principles of law and procedure which shall be given
in accordance with the supervisory rules of the supreme court of
appeals.
All magistrates shall be required to attend
such other courses
of continuing educational instruction as may be required by
supervisory rule of the supreme court of appeals. Failure to
attend
such the courses of continuing educational instruction
without good cause shall constitute neglect of duty.
Such The
courses shall be provided at least once every other year. Persons
attending
such the courses outside of the county of their residence
shall be reimbursed by the state for expenses actually incurred in
accordance with the supervisory rules of the supreme court of
appeals.
Each magistrate shall, before assuming the duties of office,
take an oath of office to be administered by the circuit judge of
the county, or the chief judge thereof if there is more than one
judge of the circuit court. Each magistrate shall maintain the
qualifications for office at all times.
Each magistrate who serves
five eight thousand
five hundred or
less in population shall devote such time to his
or her public
duties as shall be required by rule or regulation of the judge of
the circuit court, or the chief judge thereof if there is more than
one judge of the circuit court. Each magistrate who serves more
than
five eight thousand
five hundred in population
or who serves in a county with a heavy caseload, as that term is defined in
section three of this article, shall devote full time to his
or her
public duties. As nearly as practicable, the workload and the
total number of hours required shall be divided evenly among the
magistrates in a county by
such the judge.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
In each county having three or more magistrates the judge of
the circuit court or the chief judge thereof, if there is more than
one judge of the circuit court, shall appoint a magistrate court
clerk. In all other counties
such 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 such circuit court clerk shall be entitled to
additional compensation in the amount of two thousand five hundred
dollars per year. The magistrate court clerk shall serve at the
will and pleasure of the circuit judge.
Magistrate court clerks shall be paid a monthly salary by the
state.
Magistrate court clerks serving magistrates who serve less
than ten thousand in population shall be paid up to one thousand
two hundred forty-one dollars per month and magistrate court clerks
serving magistrates who serve ten thousand or more in population shall be paid up to one thousand six hundred fifty dollars per
month: Provided, That on and after the first day of January, one
thousand nine hundred ninety-two, magistrate court clerks serving
magistrates who serve less than ten thousand in population shall be
paid up to one thousand three hundred twenty-five dollars per month
and magistrate court clerks serving magistrates who serve ten
thousand or more in population shall be paid up to one thousand
seven hundred thirty-four dollars per month: Provided, however,
That On and after the first day of January, one thousand nine
hundred ninety-three, magistrate court clerks serving magistrates
who serve less than eight thousand five hundred in population shall
be paid up to one thousand four hundred fifty dollars per month and
magistrate court clerks serving magistrates who serve eight
thousand five hundred or more in population shall be paid up to one
thousand eight hundred fifty-nine dollars per month:
Provided,
That on and after the first day of January, two thousand one,
magistrate court clerks in counties with high caseloads, as that
term is defined in section three of this article, shall be paid the
same salary as magistrate court clerks in counties whose
magistrates serve eight thousand five hundred or more in
population: Provided, further 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 thereof if there is more than one judge of the
circuit court, within the limits set forth in this section.
In addition to other duties as 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
thereof 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
such the reports
as may be 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.
The magistrate court clerk or, if there is no magistrate court clerk in the county, the clerk of the circuit court has the
authority to issue all manner of civil process and to require the
enforcement of subpoenas and subpoenas duces tecum in magistrate
court.
§50-1-9. Magistrate assistants; salary; duties.
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.
A magistrate assistant shall have such duties, clerical or
otherwise, as may be assigned by the magistrate and as may be
prescribed by the rules of the supreme court of appeals or the
judge of the circuit court, or the chief judge thereof if there is
more than one judge of the circuit court. In addition to these
duties, magistrate assistants shall perform and be 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 may be payable to the court;
(4) The submission of
such the moneys, along with an
accounting thereof, 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 thereof 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 the magistrate determines.
Magistrate assistants shall be paid a monthly salary by the
state.
Magistrate assistants serving magistrates who serve less than ten thousand in population shall be paid up to nine hundred
sixty-seven dollars per month and magistrate assistants serving
magistrates who serve ten thousand or more in population shall be
paid up to one thousand two hundred twenty-five dollars per month:
Provided, That on and after the first day of January, one thousand
nine hundred ninety-two, magistrate assistants serving magistrates
who serve less than ten thousand in population shall be paid up to
one thousand fifty-one dollars per month and magistrate assistants
serving magistrates who serve ten thousand or more in population
shall be paid up to one thousand three hundred nine dollars per
month: Provided, however, That On and after the first day of
January, one thousand nine hundred ninety-three, magistrate
assistants serving magistrates who serve less than eight thousand
five hundred in population shall be paid up to one thousand one
hundred seventy-six dollars per month and magistrate assistants
serving magistrates who serve eight thousand five hundred or more
in population shall be paid up to one thousand four hundred
thirty-four dollars per month:
Provided, That on and after the
first day of January, two thousand one, magistrate assistants in
counties with high caseloads, as that term is defined in section
three of this article, shall be paid the same salary as magistrate court clerks in counties whose magistrates serve eight thousand
five hundred or more in population: Provided, further 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.
NOTE: The purpose of this bill is to provide salary increases
for magistrates, magistrate court clerks and magistrate assistants
in counties with high caseloads. It gives a new definition for
"counties with a high case load."
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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