Senate Bill No. 140
(By Senators Wooton, Bowman, Dittmar, Hunter, Oliverio and
Schoonover)
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[Originating in the Committee on the Judiciary;
reported February 27, 1997.]
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A BILL to amend and reenact sections five, seven and eight, article
two, chapter fourteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
generally to the court of claims; authorizing a chief deputy
clerk and deputy clerks positions; expanding locations where
the court may meet; and increasing compensation to court of
claims judges.
Be it enacted by the legislature of West Virginia:
That sections five, seven and eight, article two, chapter
fourteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
§14-2-5. Court clerk and other personnel.
The court shall have the authority to may appoint a clerk, and
chief deputy clerk, and deputy clerks. The salaries of the clerk,
and the chief deputy clerk and deputy clerks shall be fixed by the joint committee on government and finance, and shall be paid out of
the regular appropriation for the court. The clerk shall have
custody of keep all records and proceedings of the court, shall
attend meetings and hearings of the court, shall administer oaths
and affirmations, and shall issue all official summonses,
subpoenas, orders, statements and awards. The chief deputy clerk
or a deputy clerk shall act in the place and stead of the clerk in
the clerk's absence.
The joint committee on government and finance may employ other
persons whose services shall be are necessary to the orderly
transaction of the business of the court and fix their
compensation.
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-7. Meeting place of the court.
The regular meeting place of the court shall be at the state
capitol, and the joint committee on government and finance shall
provide adequate quarters therefor. When deemed advisable, in
order to facilitate the full hearing of claims arising elsewhere in
the state, the court may convene at any county seat location in the
state: Provided, That the court will make reasonable efforts to
meet in appropriate public buildings or other private buildings in
keeping with the dignity and decorum of the court.
§14-2-8. Compensation of judges; expenses.
Each judge of the court shall receive one hundred forty two-
hundred dollars for each day actually served, and actual expenses incurred in the performance of his or her duties. The number of
days served by each judge shall not exceed one hundred in any
fiscal year, except by authority of the joint committee on
government and finance: Provided, That in computing the number of
days served, days utilized solely for the exercise of duties
assigned to judges and commissioners by the provisions of article
two-a of this chapter shall be disregarded. Requisitions for
compensation and expenses shall be accompanied by sworn and
itemized statements, which shall be filed with the auditor and
preserved as public records. For the purpose of this section, time
served shall include time spent in the hearing of claims, in the
consideration of the record, in the preparation of opinions and in
necessary travel.
NOTE: The purpose of this bill is to authorize the positions
of chief deputy and deputy clerks; allow the court of claims to
convene in any location within the state; and to provide increase
of compensation for the court of claims judges from $140.00 to
$200.00 per day.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.