Senate Bill No. 610
(By Senators Chafin, Dempsey, Jenkins, Minard and Kessler)
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[Introduced February 16, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §51-2A-6 of the Code of West Virginia,
1931, as amended, relating to setting the compensation of
secretary-clerks to family court judges.
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
sixty-two
thousand five hundred dollars: Provided, That beginning the first
day of July, two thousand five, a family court judge is entitled to
receive as compensation for his or her services an annual salary of
eighty-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.
The annual salary of the
secretary-clerk of the family court judge shall be established by
the Administrative Director of the Supreme Court of Appeals, but
may not exceed thirty-eight thousand five hundred dollars.
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 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 shall receive such all 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 thirty-six thousand
sixty dollars. The family case coordinator will shall receive such
all 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 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.
NOTE: The purpose of this bill is to allow the Administrative
Director of the Supreme Court of Appeals to set the
salary of
secretary-clerks to family court judges, not to exceed $38,500
annually.
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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