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Introduced Version House Bill 3084 History

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hb3084 intr
H. B. 3084


(By Delegate Boggs)
[Introduced March 17, 2005; referred to the
Committee on the Judiciary then Finance.]




A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-24; to amend and reenact §50-1-14 of said code; to amend and reenact §51-2A-6 of said code; to amend and reenact §51-3-5 of said code; and to amend and reenact §61-3-39h of said code, all relating to the creation, funding and implementation of the "Part-Time Bailiff Program."

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-7-24; that §50-1-14 of said code be amended and reenacted; that §51-2A-6 of said code be amended and reenacted; that §51-3-5 of said code be amended and reenacted; and that §61-3-39h of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-24. Part-time bailiff program.
The county commission of each county is authorized, at its discretion, to employ retired police officers or others on a part-time, contract basis, to act as bailiffs in the circuit, family and magistrate courts of this State. The services of these individuals may be compensated from moneys existing in the general county fund or from the worthless check fund provided under section thirty-nine-h, article three, chapter sixty-one of this code. Any person employed as a bailiff under the provisions of this section shall be of good moral character while meeting all reasonable qualifications required by the county, including certification in the use and handling of firearms.
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 1. COURTS AND OFFICERS.
§50-1-14. Duties of sheriff; service of process; bailiff.
(a) It shall be the duty of each sheriff to execute all civil and criminal process from any magistrate court which may be directed to such sheriff. Process shall be served in the same manner as provided by law for process from circuit courts.
Subject to the supervision of the chief justice of the supreme court of appeals or of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, it shall be the duty of the sheriff, or his or her designated deputy, to serve as bailiff of a magistrate court upon the request of the magistrate. Such service shall also be subject to such administrative rules as may be promulgated by the supreme court of appeals. A writ of mandamus shall lie on behalf of a magistrate to enforce the provisions of this section: Provided, That the county commission in the county in which the magistrate court is situate may employ individuals in accordance with the provisions of section twenty-four, article seven, chapter seven of this code, to serve as bailiffs in lieu of deputy sheriffs.
(b) The sheriff of any county may employ, by and with the consent of the county commission, one or more persons whose sole duties shall be the service of civil process and the service of subpoenas and subpoenas duces tecum. Any such person shall not be considered a deputy or deputy sheriff within the meaning of subdivision (2), subsection (a), section two, article fourteen, chapter seven of this code, nor shall any such person be authorized to carry deadly weapons in the performance of his or her duties: Provided, That the sheriff may authorize an employee whose sole duties involve service of civil process to carry a firearm if the employee completes all training requirements otherwise applicable to deputy sheriffs for the use and handling of firearms: Provided, however, That the sheriff may authorize previously certified West Virginia law-enforcement officers to carry a deadly weapon in the performance of the duties of the officers under the provisions of this section: Provided further, That these officers and employees maintain yearly weapons qualifications and are bonded through the office of the sheriff.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and their staffs.

(a) Until the thirty-first day of December, two thousand two, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty thousand dollars. Beginning the first day of January, two thousand three, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty-two thousand five hundred dollars.
(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 twenty-five thousand three hundred thirty-two dollars. In addition, any person employed as a secretary-clerk to a family law master on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year two thousand one who is receiving an additional five hundred dollars 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 one thousand nine hundred ninety-nine shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for 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 thirty-six thousand sixty dollars. The family case coordinator will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for 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: Provided, That the county commission in the county in which the family court is situate may employ individuals in accordance with the provisions of section twenty-four, article seven, chapter seven of this code, to serve as bailiffs in lieu of deputy sheriffs.
(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 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, 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.
ARTICLE 3. COURTS IN GENERAL.
§51-3-5. Attending officer.
The supreme court of appeals shall not be attended by any sheriff, but every circuit court, county court county commission, and other court of record of any county shall be attended by the sheriff of the county in which it is held, who shall act as the officer thereof: Provided, That in the event the county commission in the county in which a circuit court is situate authorizes the employment of individuals in accordance with the provisions of section twenty-four, article seven, chapter seven of this code, to serve as bailiffs in lieu of deputy sheriffs, the circuit court, at its discretion, may allow these individuals to attend the court.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39h. Payment of costs in worthless check cases; disposition of certain costs.

In any prosecution under sections thirty-nine or thirty-nine-a of this article the costs as may otherwise be imposed against the drawer of any check, draft or order shall be imposed on the person initiating the prosecution if payment of the check, draft or order is accepted by the payee or holder thereof after the filing of a complaint for warrant; if the payee or holder had reason to believe that the check, draft or order would be dishonored or if the same was postdated; or if the matter is dismissed for failure to prosecute.
Costs collected by magistrate court for issuance of notice as authorized by section thirty-nine-g of this article may not be paid into the special county fund created by the provisions of section four, article three, chapter fifty of this code, but shall be accounted for separately and retained by the county in a fund designated the "worthless check fund," until the sheriff shall issue warrants in furtherance of the allowable expenses specifically provided for by this section. Such costs may not be included in any calculation of the amount of funds to be retained by the county under the provisions of section four, article three, chapter fifty of this code.
A county may, after agreement with the court administrator's office of the supreme court of appeals, appropriate and spend from the worthless check fund herein established such sums as shall be necessary needed to pay or defray the expenses of providing a deputy sheriff to serve warrants for worthless check offenses, and to pay or defray as well as the expenses of incurred in providing additional deputy clerks in the office of the magistrate court clerk. The county may, additionally, pay or defray the expenses incurred in employing individuals to serve as bailiffs, in lieu of sheriff's department employees, under the provisions of section twenty-four, article seven, chapter seven of this code. After payment of these expenses, or after a determination that these services are not necessary, a county may appropriate and spend from the fund the sums necessary to defray the expenses of providing bailiff and service of process services by the sheriff, to defray the cost of acquiring or renting magistrate court offices and providing utilities and telephones therefor to defray the cost of complying with section thirty-nine-i herein and to defray the expenses of such other services which are to be provided to magistrate courts by the county.



NOTE: The purpose of this bill is to authorize counties to employ retired police officers or others to serve as bailiffs in lieu of sheriff's employees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§7-7-24 is new; therefore, strike-throughs and underscoring have been omitted.
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