WEST virginia Legislature
2017 regular session
Introduced
House Bill 2314
By Delegate Sponaugle
[Introduced February
9, 2017; 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 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 a heading or the present law, and underscoring indicates new language that would be added.