H. B. 4699

(By Delegates Hunt, Tillis, Faircloth, Preece,

Ryan, Thomas and Douglas)


(Originating in the House Committee on the Judiciary)


[February 21, 1996]



A BILL to amend and reenact sections one and two, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section seventeen, article one, chapter fifty-one; to amend article three of said chapter fifty-one by adding thereto three new sections, designated sections fourteen, fifteen and sixteen; and to amend and reenact section eleven, article one, chapter fifty-nine, all relating to increasing filing fees in magistrates court for civil and criminal actions to be deposited in the court security fund; designating administrative director of supreme court to serve as chair of court security board; the creation of the court security fund; court security board, terms, duties; security plans, approval, awards, training; and increasing fees in circuit court actions to be deposited in the court security fund.

Be it enacted by the Legislature of West Virginia:
That sections one and two, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one,as amended, be amended and reenacted; that section seventeen, article one, chapter fifty-one be amended and reenacted; that article three of said chapter fifty-one be amended by adding thereto three new sections, designated sections fourteen, fifteen and sixteen; and that section eleven, article one, chapter fifty- nine be amended and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-1. Costs in civil actions.
The following costs shall be charged in magistrate courts in civil actions and shall be collected in advance:
(a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:
Where the action is for five hundred dollars or
less ...................................................$ 20.00 25.00
Where the action is for more than five hundred
dollars but not more than one thousand dollars .........$ 25.00
30.00
Where the action is for more than one thousand
dollars but not more than two thousand dollars .........$ 30.00
35.00
Where the action is for more than two thousand
dollars ................................................ $ 40.00
45.00
Where the action seeks relief other than money
damages ................................................ $ 20.00
25.00
On and after the first day of July, nineteen hundred ninety- six, five dollars from each of the filing fees listed above will be deposited in the court security fund created by the provisions of section fourteen, article three, chapter fifty-one of this code.
(b) For each service regarding enforcement of a
judgment including execution, suggestion, garnishment
and suggestee execution ................................ $ 5.00
(c) For each bond filed in a case .................. $ 1.00
(d) For taking deposition of witness for each hour
or portion thereof ..................................... $ 1.00
(e) For taking and certifying acknowledgment of a
deed or other writing or taking oath upon an affidavit . $ .50
(f) For mailing any matter required or provided by
law to be mailed by certified or registered mail with

return receipt ......................................... $ 1.00
Costs incurred in a civil action shall be reflected in any judgment rendered thereon. The provisions of section one, article two, chapter fifty-nine of this code, relating to the payment of costs by poor persons, shall be applicable to all costs in civil actions.
§50-3-2. Costs in criminal proceedings.
In each criminal case tried in a magistrate court in which the defendant is convicted, there shall be imposed, in addition to such other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. No such costs shall be collected in advance. On and after the first of July, nineteen hundred and ninety-six, five dollars from each of the criminal proceedings fees collected pursuant to this section shall be deposited in the court security fund created in section fourteen, article three, chapter fifty-one of this code.
A magistrate shall assess costs in the amount of two dollars and fifty cents for issuing a sheep warrant, appointment and swearing appraisers and docketing the same.
In each criminal case which must be tried by the circuit court but in which a magistrate renders some service, costs in the amount of ten dollars shall be imposed by the magistrate court and shall be certified to the clerk of the circuit court in accordance with the provisions of section six, article five, chapter sixty-two of this code.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-17. Administrative office of supreme court of appeals -- duties of director.

The director shall, when authorized by the supreme court of appeals, be the administrative officer of said court and shall have charge, under the supervision and direction of the supreme court of appeals, of:
(a) All administrative matters relating to the offices of the clerks of the circuit and intermediary courts and of the offices of justice of the peace, and all other clerical and administrative personnel of said courts; but nothing contained in this act shall be construed as affecting the authority of the courts to appoint their administrative or clerical personnel;
(b) Examining the state of the dockets of the various courts and securing information as to their needs for assistance, if any, and the preparation of statistical data and reports of the business transacted by the courts, including, as an integral part of the compensation of justices and judges, the development of a system of reporting by justices and judges as to the actual amount of time, including travel time, spent by each justice or judge in the conduct of his official duties in court;
(c) The preparation of a proper budget to secure the appropriation of moneys for the maintenance, support and operation of the courts;
(d) The purchase, exchange, transfer and distribution of equipment and supplies, as may be needful or desirable;
(e) Such other matters as may be assigned to him by the supreme court of appeals. The clerks of the circuit courts, intermediate courts and courts of the justices of the peace shall comply with any and all requests made by the director or his assistants for information and statistical data bearing on the state of the dockets of such courts, or such other information as may reflect the business transacted by them;
(f) Annual report of activities and estimates of expenditures. -- The director, when required to do so by the supreme court of appeals, shall submit annually to the court a report of the activities of the administrative office and of the state of business of the courts, together with the statistical data compiled by him, with his recommendations.
(g) Serve as the chair of the court security board created under the provisions of section fifteen, article three of this chapter.
ARTICLE 3. COURTS IN GENERAL.
§51-3-14. Court security fund.
The offices and the clerks of the magistrates courts and the circuit courts shall, on or before the tenth day of each month, transmit all fees and costs received for the court security fund in accordance with the provisions of sections one and two, article three, chapter fifty and section eleven, article one, chapter fifty-nine of this code for deposit in the state treasury to the credit of a special revenue fund to be known as the "court security fund", which is hereby created. The court security fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund. All moneys collected and received and paid into the state treasury and credited to the court security fund shall be used by the board exclusively to implement the improvement measures agreed upon in accordance with the security plans submitted pursuant to section sixteen of this article.
§51-3-15. Court security board, terms.
(a) There is hereby created a court security board who shall make decisions on how the money in the court security fund is to be spent to enhance the security of courts. The board shall consist of seven members and the administrative director of the supreme court of appeals who shall serve ex officio and be the chair. The board shall be appointed as follows: one circuit court judge appointed by the judicial association; one magistrate appointed by the magistrate's association; one family law master appointed by the family law master's association; one member of the bar appointed by the president of the West Virginia state bar; one representative of counties appointed by the West Virginia association of counties; one representative of sheriffs appointed by the West Virginia sheriffs association and one representative of the state police appointed by the secretary of the department of public safety.
(b) The members of the board shall each serve terms that commence on the first day of July, one thousand nine hundred and ninety-six. Of the initial appointments to the board, two shall serve for two year terms, two shall serve for three year terms, and two shall serve for four year terms. Thereafter, each appointment shall be for a four year term commencing upon the expiration of his or her previous term or of his or her predecessor's term. No member may be appointed for more than three consecutive terms. Vacancies shall be appointed in a like manner for the balance of an unexpired term.
(c) The board shall compile and keep a list of able and available law enforcement officers who have obtained certification in compliance with the provisions of section five, article twenty-nine, chapter thirty of this code and who have maintained all necessary qualifications and firearms certifications to enable them to serve as bailiffs in court facilities. The board shall make the list available to all county sheriffs for their use in recruiting and hiring temporary, part- time or occasional bailiffs to exercise all the powers and duties of bailiffs in the court facilities in their counties.
§51-3-16. Security plans; approval by court security board;
awards; training.
(a) The sheriff of each county in conjunction with the circuit judge, magistrates and family law master may develop a security plan to enhance the security of all the court facilities in use in the county and submit said plan to the court security board.
(b) Each security plan shall include, but not be limited to:
(1) An assessment of the existing security measures in place and any problems or shortcomings with the existing procedures;
(2) A description of how the county responds to court security emergencies and whether the response is adequate;
(3) A prioritized listing of equipment or personnel, or both, needed to improve the security of the court facilities in the county, including cost estimates for such equipment and personnel;
(4) A description of the physical locations of court facilities around the county and a discussion of whether changes or consolidation of space could improve court security in the county; and
(5) An assessment of the training needs for bailiffs currently employed in the county or for additional bailiffs and the options for securing the necessary training.
(c) Each plan prepared under this section is subject to approval by the court security board. Any plan rejected by the court security board shall be returned to the county with a statement of the insufficiencies in such plan. The county shall revise the plan to eliminate the insufficiencies and resubmit it to the court security board.
(d) Upon receipt of the plans the court security board shall meet at least twice a year to review the plans and to award money from the court security fund to the circuit clerk, county commission or county sheriff to be used solely and exclusively to purchase equipment, hire personnel or make other identified expenditures in accordance with the plan. The board shall develop an application form and establish criteria to assist them in making the decisions on which applications will receive money and how much money will be awarded. Once an award has been made, the recipient will have a fixed amount of time in which to execute the expenditures described in their plan. The board will set forth in writing the amount of the award, the time frame for accomplishing the plan objectives and the requirement that anyunexpended money be returned to the board for deposit in the court security fund. The award or decision not to award these funds shall not relieve any person or office of their duty or obligation to provide security services to courts in this state.
(e) The board is authorized to award money from the court security fund to be used by the counties for costs and expenses of training for bailiffs. The board may establish minimum standards for training and it may designate specific agencies or institutions approved for administering such training.

CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
The clerk of a circuit court shall charge and collect for services rendered as such clerk the following fees, and such fees shall be paid in advance by the parties for whom such services are to be rendered:
For instituting any civil action under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or proceeding, seventy-five dollars: Provided, That the fee for instituting an action for divorce shall be twenty- five dollars plus the fee required by section six, article two-c, chapter forty-eight of this code.
In addition to the foregoing fees, the following fees shall likewise be charged and collected:
For any transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, twenty-five cents;
For action on suggestion, five dollars;
For issuing an execution, two dollars;
For issuing or renewing a suggestee execution, including copies, postage, registered or certified mail fees and the fee provided by section four, article five-a, chapter thirty-eight of this code, three dollars;
For vacation or modification of a suggestee execution, one dollar;
For docketing and issuing an execution on a transcript of judgment from magistrate's court, three dollars;
For arranging the papers in a certified question, writ of error, appeal or removal to any other court, five dollars;
For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the amount of the postage or express charges;
For each witness summons over and above five, on the part of either plaintiff or defendant, to be paid by the party requesting the same, twenty-five cents;
For additional services (plaintiff or appellant) where any case remains on the docket longer than three years, for each additional year or part year, five dollars.
The clerk shall tax the following fees for services in any criminal case against any defendant convicted in such court:
In the case of any misdemeanor, fifty-five dollars;
In the case of any felony, sixty-five dollars;
No such clerk shall be required to handle or accept for disbursement any fees, costs or accounts, of any other officer or party not payable into the county treasury, except it be on order of the court or in compliance with the provisions of law governing such fees, costs or accounts.
On and after the first day of July, nineteen hundred ninety- six, five dollars from each of the civil and criminal fees collected pursuant to this section shall be deposited in the court security fund created in section fourteen, article three, chapter fifty-one of this code.