H. B. 2794

(By Delegates Johnson, Capito, Hines,

Mahan, Pino, Webb and Wills)



(Originating in the Committee on the Judiciary)


[February 16, 1999]


A BILL to amend and reenact section one, article two, chapter forty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-four, article one, chapter forty-eight of said code; to amend chapter fifty-one of said code by adding thereto a new article, designated article two-a; and to amend and reenact sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code, all relating generally to creating a division in the circuit court of each county of this state to be designated as the family court division; increasing the fee for filing a petition for the appointment of a guardian or conservator; providing for an additional fee to be collected for each marriage license issued; establishing a family court division within each circuit court; requiring the circuit judges of each family court region to appoint commissioners who are designated as family court judges; describing the administrative and judicial functions of family court judges; establishing the criteria for apportioning the state into family court regions; establishing family court screening panels; providing for the appointment of family court judges; setting forth the qualifications of family court judges; providing for the term of office of a family court judge; providing that the terms of family law masters currently in office will be continued; providing for the removal of a family court judge; establishing the compensation and expenses is a family court judges and their staffs; describing the rules of practice and procedure, the applicability of rules of evidence and the promulgation of local administrative rules; describing the matters to be heard by a family court judge; providing for the exercise of contempt powers by a family court judge; increasing certain fees to be charged by the clerk of circuit court for the filing of civil actions; and providing for the disposition of filing fees paid in divorce and other civil actions.

Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter forty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section twenty-four, article one, chapter forty-eight of said code be amended and reenacted; that chapter fifty-one of said code be amended by adding thereto a new article, designated article two-a; and that sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP

AND CONSERVATORSHIP ACT.

ARTICLE 2. PROCEDURE FOR APPOINTMENT.
§44A-2-1. Filing of a petition; jurisdiction; fees.
(a) A petition for the appointment of a guardian or conservator shall must be filed with the clerk of the circuit court in the county in which the alleged protected person resides, or, if an alleged protected person has been admitted to a health care or correctional facility, in the county in which that facility is located. A petition for the appointment of a conservator for a missing person shall be is filed with the clerk of the circuit court in the county in which the missing person last resided.
(b) The circuit court in which the proceeding is first commenced shall have has exclusive jurisdiction, unless that the court determines that a transfer of venue would be in the best interests of the person alleged to need protection.
(c) The fee for filing a petition shall be seventy is one hundred twenty-five dollars,. payable upon filing to the circuit clerk, all of which shall be retained by the circuit clerk. The person bringing the petition shall be petitioner is responsible for fees for filings of required to file the petition and other papers, for service of process, and for copies of court documents and transcripts. In the event that a guardian and/or or conservator is appointed by the court, such the fees shall will be reimbursed to the individual who filed the petition, from the protected person's estate, if funds are available. Any person who is pecuniarily unable to pay such fees and costs as set forth in article one, chapter fifty-nine of this code, and article two, chapter fifty-one of this code, will not be required to pay said the fees and costs.
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 1. MARRIAGE.
§48-1-24. Additional fee to be collected for each marriage license issued.

In addition to any fee heretofore established for the issuance of a marriage license, the county clerk of the county commission shall collect the following for each marriage license issued:
(1) a An additional sum of fifteen dollars, for each marriage license issued which additional sum shall to be paid into a special revenue account of the state treasury to be and dispersed to local family protection shelters as provided in established by article two-c of this chapter.
(2) An additional sum of twenty-seven dollars, to be paid into the family court fund in the state treasury, established pursuant to section twenty-three, article four, chapter forty-eight-a of this code.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 2A. CIRCUIT COURTS; FAMILY COURT DIVISION.
§51-2A-1. Family court division established in circuit court; designation of division.

There is hereby created in the circuit court of each county in this state, a division of the circuit court to be designated as "The Family Court of County, West Virginia."
§51-2A-2. Appointment of commissioners to be designated as family court judges; administrative and judicial functions of family court judge.

(a) In each of the family court regions, apportioned by the supreme court of appeals as required by this article, the circuit judges whose courts are served by that region shall constitute the "Circuit Court Family Law Panel." A majority of the judges of the circuit court family law panel shall appoint a determined number of commissioners to serve, as allocated to that region by the supreme court of appeals.
(b) A commissioner appointed under subsection (a) of this section will be designated by the name "Family Court Judge." The family court judge will conduct hearings in family court cases, take testimony, hear the parties, enter orders of a temporary or interlocutory nature, make findings of fact and conclusions of law on the record, formulate recommendations, and report to the circuit court. The family court judge will exercise any other power or authority provided for in this article or article four, chapter forty-eight-a of this code.
(c) The family court judge, as a commissioner of the circuit court, has both administrative and judicial functions to perform, as described in subsections (d) and (e) of this section.
(d) The family court judge has responsibility for the administration of the family court division of the circuit court. The circuit court family law panel must monitor the administration of the family court divisions within the region and regulate those activities, including naming one or more circuit judges to serve as administrative supervisor of the family court judge, through appropriate administrative orders. The administrative orders of the administrative supervisor regarding the family court division will be compiled and indexed in the office of the circuit clerk and be available for public inspection.
(e) In exercising the judicial function of the family court, the family court judge, free of direct oversight by a circuit judge, is responsible for the preparation or preliminary consideration of issues requiring judicial decision, subject only to a subsequent review by a circuit judge. A circuit judge shall review findings of fact made by a family court judge only under a "clearly erroneous" standard, and review the application of law to the facts under an "abuse of discretion" standard.
§51-2A-3. Assignment of family court judges by regions.

(a) A total of thirty-five commissioners will serve as family court judges throughout the state.
(b) Before the appointment of family court judges as provided for in section six of this article, the supreme court of appeals shall apportion the state into geographical regions which may be single-judge regions or multi-judge regions, or a combination of both. County boundaries must be strictly observed and no county may be divided among two or more regions.
(c) In making the apportionment, the supreme court of appeals shall construct regions which provide, as nearly as is practicable, for the caseload of each family court judge to be equal to that of other family court judges. Mathematical exactness as to caseload is not required and deviations from an absolute standard may be based upon concerns, other than caseload, including, but not limited to, deviations dictated by the following considerations:
(1) Judicial circuits;
(2) Geographical features which affect the time and expense of travel;
(3) Traditional patterns of practice by members of the bar; and
(4) Population variances between regions.
(d) The chief justice of the supreme court of appeals may temporarily assign a family court judge from one geographical region to another geographical region, as caseload, disqualification, recusal, vacation or illness may dictate. In each case of temporary assignment, the chief justice shall appoint only those persons currently serving as family court judges and appointed pursuant to section two of this article.
(e) The administrative director of the supreme court shall promulgate any procedural rule necessary to delineate the duties of the family court judges consistent with this article.
§51-2A-4. Family Court screening panels; appointment of family court judges.

(a) The supreme court of appeals shall appoint not less than three screening panels throughout the state whose function shall be to evaluate and recommend persons for appointment as family court judges. The family court screening panel will have five members and should be appointed from among the following persons or persons of substantially similar backgrounds:
(1) A member of the West Virginia Bar who is actively engaged in the practice of family law;
(2) A professional counselor, psychologist or psychiatrist experienced in family therapy;
(3) A representative of local professional educators;
(4) A representative from the general public;
(5) A representative from a domestic violence coalition;
(6) A social worker or family mediator.
A screening panel shall not have more than two persons from one of the listed categories, and shall not have more than three persons at any one time belonging to the same political party.
(b) At the request of the administrative director of the supreme court of appeals, a screening panel will evaluate applicants for appointment as family court judges. If there are a sufficient number of qualified applicants, the screening panel must nominate two more persons than would be required to fill the appointments. (For a single appointment, the screening panel should nominate three applicants; if two appointments are to be made, the panel should nominate four applicants; if three appointments are to be made, the panel should nominate five applicants, and so on.)
(c) Before the first day of July, one thousand nine hundred ninety-nine, and on a like date in every fourth year thereafter, the screening panels shall nominate persons to be appointed as family court judges to serve in regions as provided for under section three of this article. The names of all applicants being considered by a screening panel shall be listed, provided to the offices of the appropriate circuit clerks for distribution to interested persons not later than ten days before the date the nominations are made by the screening panel.
(d) Before the first day of August, one thousand nine hundred ninety-nine, and on a like date in every fourth year thereafter, the circuit judges of this state shall appoint family court judges to serve in regions as provided for under section three of this article.
§51-2A-5. Qualifications of family court judges.
(a) An individual appointed to serve as a family court judge must be a member in good standing of the West Virginia state bar, and must have at least five years experience as a practicing attorney.
(b) Before assuming his or her duties, a family court judge shall first attend and complete a course of instruction in principles of family law and procedure that is given in accordance with the supervisory rules of the supreme court of appeals. All family court judges shall attend all courses of continuing educational instruction as may be required by supervisory rule of the supreme court of appeals. Failure to attend the required courses of continuing educational instruction without good cause constitutes neglect of duty. These courses will be provided at least once every other year. Persons attending such courses outside of the county of their residence will be reimbursed by the supreme court of appeals for expenses actually incurred in accordance with the supervisory rules of the supreme court of appeals.
(c) A family court judge may not engage in any other business, occupation or employment inconsistent with the expeditious, proper and impartial performance of his or her duties as a judicial officer. A family court judge is not permitted to engage in the outside practice of law and shall devote full time to his or her duties as a judicial officer.
§51-2A-6. Term of office of family court judge.
(a) The term of office of a family court judge is four years. Terms of all family court judges will commence on the first day of September, one thousand nine hundred ninety-nine, and on a like date in every fourth year thereafter, and will end on the thirty- first day of August, two thousand three, and on a like date in every fourth year thereafter. An individual may be reappointed to succeeding terms as a family court judge, to serve in the same or a different region of the state.
(b) Upon the expiration of his or her term, a family court judge will continue to perform the duties of the office until the circuit judge makes another appointment, or for sixty days after the date of the expiration of the family court judge's term, whichever is earlier.
§51-2A-7. Vacancy in the office of family court judge.
If a vacancy occurs in the office of family court judge, the circuit court family law panel shall, within thirty days after the vacancy occurs, fill the vacancy by appointment for the unexpired term. However, if the remaining portion of the unexpired term to be filled is less than one year, the circuit court family law panel may, in its discretion, simultaneously appoint an individual to the unexpired term and to the next succeeding full four-year term. If the circuit court family law panel fails to act timely to fill a vacancy, the chief justice of the supreme court of appeals may fill the vacancy.
§51-2A-7a. Terms of family law masters continued.
The family law masters holding office on the first day of June, one thousand nine hundred ninety-nine, by virtue of appointments made under the prior enactments of article four, chapter forty-eight-a of this code are continued in their term of office through the thirty-first day of August, one thousand nine hundred ninety-nine.
§51-2A-8. Procedure for removal of family court judge; appeal; grounds.

(a) A family court judge may be removed from office in the manner provided in this section for official misconduct, malfeasance in office, incompetence, neglect of duty, gross immorality or inability to serve.
(b) Charges may be preferred by:
(1) A circuit judge of a county that constitutes all or a part of the family court judge's region;
(2) By the administrative director of the supreme court of appeals; or
(3) By any person as provided in rule two of the rules of disciplinary procedure. If a formal charge is filed by the judicial investigation commission, such charge may recommend removal and the convening of a three judge court as provided for in this section.
(c) The charges must be reduced to writing in the form of a petition, duly verified by the charging party, and filed with the supreme court of appeals. The petition must request the impaneling or convening of a three-judge court consisting of three circuit judges of the state. The chief justice of the supreme court of appeals shall, without delay, designate and appoint three circuit judges within the state, none of whom is from the region in which the family court judge serves. In the order of appointment, the chief justice shall designate the date, time and place for the convening of the three-judge court. The date and time of hearing on the petition must be more than twenty days from the date of the filing of the petition.
The three-judge court shall, without a jury, hear the charges and all evidence offered in support thereof or in opposition thereto and upon satisfactory proof of the charges shall remove the family court judge from office and place the records, papers and property of his or her office in the possession of some other officer or person for safekeeping or in the possession of the person appointed as hereinafter provided to fill the office temporarily. Final orders shall set out the court's decision to dismiss the charges or to remove the family court judge with or without recommendations for reprimand, suspension, conditional probation or other disposition appropriate to the case.
(d) An appeal from a final order of a three-judge court removing or refusing to remove a family court judge from office pursuant to this section may be taken to the supreme court of appeals within thirty days from the date of entry of the order from which the appeal is to be taken. The supreme court of appeals shall consider and decide the appeal upon the original papers and documents, without requiring the same to be printed and shall enforce its findings by proper writ. From the date of any order of the three-judge court removing an officer under this section until the expiration of thirty days thereafter, and, if an appeal be taken, until the date of suspension of such order, if suspended by the three-judge court and if not suspended, until the final adjudication of the matter by the supreme court of appeals the circuit judge or judges having power to fill a vacancy in such office may fill the same by a temporary appointment until a final decision of the matter, and when a final decision is made by the supreme court of appeals shall fill the vacancy in the manner provided by law for such office.
(e) For purposes of this section, "neglect of duty" includes, but is not limited to, failure to make findings of fact and conclusions of law on the record.
§51-2A-9. Compensation and expenses of family court judges and their staffs.

(a) Beginning the first day of September, one thousand nine hundred ninety-nine, a family court judge is entitled to compensation for his or her services an annual salary of sixty thousand dollars. Beginning the first day of September, two thousand, a family court judge is entitled to compensation for his or her services an annual salary of sixty-five thousand dollars. Beginning the first day of September, two thousand one, a family court judge is entitled to compensation for his or her services an annual salary of seventy thousand dollars.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serve at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of twenty-two thousand three hundred eight dollars. 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 case coordinator of the family court judge is employed by the family court judge and serves as a will and pleasure employee. 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. Further, 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 family court judge, with the approval of the chief judge of the circuit, may enter into agreements with other courts, a county commission, a sheriff and other public and private agencies for the assignment of personnel from these other entities to the family court division of the circuit court.
(e) A temporary family court judge is entitled to be compensated by the supreme court of appeals at an hourly rate not to exceed the hourly rate paid to panel attorneys for performing work in court pursuant to the provisions of section thirteen-a, article twenty-one, chapter twenty-nine of this code.
(f) 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.
(g) Family court judges, members of their staffs and temporary family court judges 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.
§51-2A-10. Rules of practice and procedure; applicability of rules of evidence; local administrative rules.

(a) Pleading, practice and procedure in matters before a family court judge are governed by rules of practice and procedure for family law promulgated by the supreme court of appeals pursuant to section four, article one of this chapter.
(b) The West Virginia rules of evidence apply to proceedings before a family court judge.
(c) The chief judge of a circuit court may promulgate local administrative rules governing the conduct and administration of family courts serving the circuit court. Local administrative rules are subordinate and subject to the rules of the supreme court of appeals or the orders of the chief justice. Rules promulgated by the chief judge of a circuit court are made by order entered upon the order book of the circuit court, and are effective when filed with the clerk of the supreme court of appeals.
§51-2A-11. Matters to be heard by a family court judge.
(a) A chief judge of a circuit court shall refer to the family court judge the following matters for hearing:
(1) Actions to obtain orders of support brought under the provisions of section one, article five, chapter forty-eight-a of this code;
(2) All actions to establish paternity brought under the provisions of article six of chapter forty-eight-a of this code, and any dependent claims related to such action regarding child support, custody and visitation;
(3) All petitions for writs of habeas corpus wherein the issue contested is child custody;
(4) All motions for temporary relief affecting child custody, visitation, child support, spousal support or domestic or family violence, wherein either party has requested such referral or the court on its own motion in individual cases or by general order has referred such motions to the family court judge: Provided, That if the family court judge determines, in his or her discretion, that the pleadings raise substantial issues concerning the identification of separate property or the division of marital property which may have a bearing on an award of support, the family court judge shall notify the court of this fact and the circuit court shall refer the case to a temporary or special family court judge or commissioner of the court designated by the chief justice of the supreme court;
(5) All petitions for modification of an order involving child custody, child visitation, child support or spousal support;
(6) All actions for divorce, annulment or separate maintenance brought pursuant to article two, chapter forty-eight of this code: Provided, That an action for divorce, annulment or separate maintenance which does not involve child custody or child support shall be heard by a circuit judge if, at the time of the filing of the action, the parties file a written property settlement agreement which has been signed by both parties;
(7) All actions wherein an obligor is contesting the enforcement of an order of support through the withholding from income of amounts payable as support or is contesting an affidavit of accrued support, filed with a circuit clerk, which seeks to collect arrearages;
(8) All actions commenced under chapter forty-eight-b of this code or the interstate family support act of another state;
(9) Proceedings for the enforcement of support, custody or visitation orders;
(10) All actions to establish custody of a minor child or visitation with a minor child, including actions brought pursuant to the uniform child custody jurisdiction act and actions brought to establish grandparent visitation: Provided, That any action instituted under article six, chapter forty-nine shall be heard by a circuit judge;
(11) Civil contempts and direct contempts: Provided, That criminal contempts must be heard by a circuit judge; and
(12) Full hearings in domestic or family violence proceedings wherein a protective order is sought.
(b) On its own motion or upon motion of a party, the circuit court may revoke the referral of a particular matter to a family court judge if the family court judge is recused, if the matter is uncontested, or for other good cause, or if the matter will be more expeditiously and inexpensively heard by a circuit judge without substantially affecting the rights of parties.
§51-2A-12. Contempt powers of family court judge.
(a) A family court judge, acting in his or her capacity as a commissioner of the circuit court, may:
(1) Sanction persons through civil contempt proceedings when necessary to preserve and enforce the rights of private parties or to administer remedies granted by the court;
(2) Regulate all proceedings in a hearing before the family court judge;
(3) Punish direct contempts that are offered in the presence of the court or that obstruct or corrupt the proceedings of the court.
(b) A family court judge may enforce compliance with his or her lawful orders with remedial or coercive sanctions designed to compensate the complainant for losses sustained and to coerce obedience for the benefit of the complainant. Sanctions must give the contemnor an opportunity to purge himself. In selecting sanctions, the court must use the least possible power adequate to the end proposed. A person who lacks the present ability to comply with the order of the court may not be confined for a civil contempt. Sanctions may include, but are not limited to, seizure or impoundment of property to secure compliance with a prior order. Ancillary relief may provide for an award of attorney's fees.
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.
(a) 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:
(1) 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 one hundred five twenty-five dollars.; and
(2) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, fifty dollars.
(b) In addition to the foregoing fees, the following fees shall likewise be charged and collected:
(1) For preparing an abstract of judgment, five dollars;
(2) 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, fifty cents;
(3) For action on suggestion, ten dollars;
(4) For issuing an execution, ten dollars;
(5) 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;
(6) For vacation or modification of a suggestee execution, one dollar;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate's court, three dollars;
(8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, five dollars;
(9) 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;
(10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, fifty cents;
(11) For additional service (plaintiff or appellant) where any case remains on the docket longer than three years, for each additional year or part year, twenty dollars.
(c) The clerk shall tax the following fees for services in any criminal case against any defendant convicted in such court:
(1) In the case of any misdemeanor, fifty-five dollars;
(2) In the case of any felony, sixty-five dollars.
(d) No such clerk shall be required to handle or accept for disbursement any fees, costs or amounts, 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.
§59-1-28a. Disposition of filing fees in divorce and other civil actions and fees for services in criminal cases.

(a) Except for those payments to be made from amounts equaling filing fees received for the institution of divorce actions as prescribed in subsection (b) of this section, or for petitioning for guardianship as prescribed in subsection © of this section, for each civil action instituted 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 in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts described in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting such action as follows:
(1) Into the regional jail and correctional facility development fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of sixty dollars;
(2) Into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars;
(3) Into the special revenue account of the state treasury, established pursuant to section twenty-four, article one, chapter forty-eight of this code, an amount of ten dollars;
(4) Into the family court fund in the state treasury established pursuant to the provisions of section twenty-three, article four, chapter forty-eight-a of this code, an amount of thirty-five dollars.
(b) For each divorce action instituted in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting such divorce action as follows:
(1) Into the regional jail and correctional facility development fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of ten dollars;
(2) Into the special revenue account of the state treasury, established pursuant to section twenty-four, article one, chapter forty-eight of this code, an amount of thirty ten dollars;
(3) Into the family law masters court fund in the state treasury, established pursuant to section twenty-three, article four, chapter forty-eight-a of this code, an amount of fifty ninety dollars; and
(4) Into the court security fund in the state treasury, established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
(c) For each action instituted in the circuit court petitioning for appointment of a guardian or conservator, the clerk of the court shall, at the end of each month, pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for petitioning for such appointment as follows:
(1) Into the special revenue account of the state treasury, established pursuant to section twenty-four, article one, chapter forty-eight of this code, an amount of five dollars;
(2) Into the family court fund in the state treasury, established pursuant to section twenty-three, article four, chapter forty-eight-a of this code, an amount of forty-five dollars; and
(3) Into the court security fund in the state treasury, established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
(d) For each action instituted in the circuit court petitioning for modification of an order involving child custody, child visitation, child support or spousal support, the clerk of the court shall, at the end of each month, pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting such modification proceeding the amount of fifty dollars.
(e) The clerk of each circuit court shall, at the end of each month, pay into the regional jail and prison development fund in the state treasury an amount equal to forty dollars of every fee for service received in any criminal case against any defendant convicted in such court and shall pay an amount equal to five dollars of every such fee into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code.