H. B. 2146
(By Delegate Stemple)
[Introduced February 10, 2005
; referred to the
Committee on then Judiciary then Finance.]
A BILL to amend and reenact §50-1-13 of the code of West Virginia,
1931, as amended, relating to payment to magistrates who serve
temporarily in another county.
Be it enacted by the Legislature of West Virginia:
That §50-1-13 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-13. Temporary service within or outside of county.
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
such the magistrate.
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 purposes as the judge may direct.
Such The magistrate's
authority, to the extent ordered by
such the judge, shall be equal
to the jurisdiction and authority of a magistrate elected in the
county to which
such the magistrate is ordered to serve.
Such The
temporary assignment may not exceed sixty days in length in any
given calendar year, except with the consent of the transferred
magistrate. Magistrates shall be reimbursed for
such reasonable
expenses incurred in service outside of the county as provided
for
by rule of the Supreme Court of Appeals:
Provided, That
magistrates who are assigned to counties with a higher salary
schedule for magistrates than the salary schedule in the county
from which the magistrate on temporary assignment 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: Provided, however, That under no
circumstances may the assigned magistrate be reimbursed on a pro
rata basis for less than the salary received in the county of that
magistrate's election.
NOTE: The purpose of this bill is to provide that a
magistrate serving temporarily in another county shall be paid
based on the salary of the county of assignment if it is higher.
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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