H. B. 3123
(By Delegates Flanigan, Wright,
Frederick and Wills)
[Introduced March 30, 2001; referred to the
Committee on Finance.]
A BILL to amend and reenact sections eight, nine and nine-a,
article one, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
increasing the salaries of magistrate assistants, clerks and
deputy clerks, equivalent to salary increases previously
provided to family law masters' staffs.
Be it enacted by the Legislature of West Virginia:
That sections eight, nine and nine-a, 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.
§50-1-8. 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 the
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
further, 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: And provided further, That after the
effective date of this amendment to this section, a magistrate
court clerk who has been so employed for at least two years prior
to the effective date of this amendment, shall receive an
additional five hundred dollars per year up to ten years of prior
employment.
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 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 may
not be a member of the immediate family of any magistrate and shall
may 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 has the 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 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 further,
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: And provided further, That
after the effective date of this amendment to this section, a
magistrate assistant who has been so employed for at least two
years prior to the effective date of this amendment, shall receive
an additional five hundred dollars per year up to ten years of
prior employment.
§50-1-9a. Magistrate court deputy clerks; salary; duties.
Whenever required by workload and upon the recommendation of
the judge of the circuit court, or the chief judge thereof if there
is more than one judge of the circuit court, the supreme court of
appeals may by rule provide for the appointment of magistrate court
deputy clerks, not to exceed fifty-seven in number. Such
magistrate Magistrate court deputy clerks
shall will
be appointed
by the judge of the circuit court, or the chief judge thereof if
there is more than one judge of the circuit court, with such the
appointee to serve at his or her will and pleasure under the
immediate supervision of the magistrate court clerk. Such The
magistrate court deputy clerk shall have such duties, clerical or
otherwise, as may be assigned by the magistrate court clerk 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. Such magistrate
Magistrate court deputy clerks shall also have authority to
exercise the power and perform the duties of the magistrate court
clerk as may be delegated or assigned by such the magistrate court
clerk.
Such The magistrate court deputy clerk shall may not be a
member of the immediate family of any magistrate, magistrate court
clerk, magistrate assistant or circuit court judge within the same
county, shall may 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" shall mean means the relationships of mother, father,
sister, brother, child or spouse.
Magistrate court deputy clerks shall be paid a monthly salary
by the state. Such The salary shall be paid on the same basis and
in the same applicable amounts as for magistrate assistants in each
county as provided in section nine of this article
: Provided, That
after the effective date of this amendment to this section, a
magistrate court deputy clerk who has been so employed for at least
two years prior to the effective date of this amendment, shall
receive an additional five hundred dollars per year up to ten years
of prior employment.
NOTE: The purpose of this bill is to
increase the salaries of
magistrate assistants, clerks and deputy clerks, equivalent to
salary increases previously provided to family law masters' staffs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
