West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2197
2015 Carryover
(By Delegates Sponaugle and Campbell)
[Introduced January 13, 2016; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §51‑2A‑6 of the Code of West Virginia, 1931, as amended, relating to removing the compensation caps entirely for secretary‑clerks and case coordinators in the family court system and allowing the Administrative Director of the Supreme Court of Appeals to set the salary of those employees.
Be it enacted by the Legislature of West Virginia:
That §51‑2A‑6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51‑2A‑6. Compensation and expenses of family court judges and their staffs.
(a) A family court judge is entitled to
receive as compensation for his or her services an annual salary of $62,500:
Provided, That beginning July 1, 2005, a family court judge is entitled to
receive as compensation for his or her services an annual salary of $82,500:
Provided, however, That beginning July 1, 2011, the annual salary of a
family court judge shall be $94,500.
(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 $27,036: Provided, That on
and after July 1, 2006, The annual salary of the secretary‑clerk
shall be established by the administrative director of the Supreme Court of
Appeals. but may not exceed $35,000. In addition, any person employed
as a secretary‑clerk to a family court judge on the effective date of the
enactment of this section during the sixth extraordinary session of the
Legislature in the year 2001 who is receiving an additional $500 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 1999 shall continue to
receive such additional amount. Further, the secretary‑clerk will
is entitled to receive such in addition to the salary as set
by the Administrative Director of the Supreme Court of Appeals the same
percentage or proportional salary increases as may be provided by
general law for other public employees and is entitled to receive the annual
incremental salary increase as provided 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 $36,000: Provided, That on and after
July 1, 2006, the annual salary of the family case coordinator of the family
court judge may not exceed $46,060. The family case coordinator will
receive such is entitled to the same percentage or proportional
salary increases as may be provided by general law for other public employees
and is entitled to receive the annual incremental salary increase as provided
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 shall
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 prescribes, 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.
NOTE: The purpose of this bill is to remove the compensation caps entirely for secretary‑clerks and case coordinators in the family court system and allow the Administrative Director of the Supreme Court of Appeals to set the salary of those employees.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.