H. B. 4539
(By Delegates Hines, Johnson, Mahan and Wills)
[Introduced February 15, 2000
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section seventeen, article one,
chapter fifty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
reimbursement of jurors; and fixing the rate of
reimbursement.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article one, chapter fifty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1. PETIT JURIES.
§52-1-17. Reimbursement of jurors.
(a) A juror shall is to be
paid mileage, at the rate set by
the commissioner of finance and administration for state
employees, for travel expenses from the juror's residence to the place of holding court and return and shall is to be reimbursed
for other expenses incurred as a result of required attendance at
sessions of the court at a rate of between fifteen and forty
dollars, set at the discretion of the circuit court or the chief
judge thereof, for each day of required attendance. Such
reimbursement shall be Reimbursement is based on vouchers
submitted to the sheriff. Such mileage Mileage and reimbursement
shall is to be paid out of the state treasury.
(b) When a jury in any case is placed in the custody of the
sheriff, he or she shall provide for and furnish the jury
necessary meals and lodging while they are in the sheriff's
custody at a reasonable cost to be determined by an order of the
court; and the meals and lodging shall is to be paid for out of
the state treasury.
(c) Anytime a panel of prospective jurors has been required
to report to court for the selection of a petit jury in any
scheduled matter, the court shall, by specific provision in a
court order, assess a jury cost. In circuit court cases, the
jury cost shall be is the actual cost of the jurors' service, and
in magistrate court cases, the jury cost assessed shall be is two
hundred dollars. Such costs
shall Costs are to be assessed
against the parties as follows:
(1) In every criminal case, against the defendant upon
conviction, whether by plea, by bench trial or by jury verdict;
(2) In every civil case, against either party or prorated
against both parties, at the court's discretion, if the parties
settle the case or trial is to the bench; and
(3) In the discretion of the court, and only when fairness
and justice so require, a circuit court or magistrate court may
forego assessment of the jury fee, but shall set out the reasons
therefor in a written order: Provided, That a waiver of the
assessment of a jury fee in a case tried before a jury in
magistrate court may only be permitted after the circuit court,
or the chief judge thereof, has reviewed the reasons set forth
in the order by the magistrate and has approved such the waiver.
(d) The circuit or magistrate court clerk shall by the tenth
day of the month following the month of collection remit to the
sheriff all jury costs collected, and the clerk and the clerk's
surety are liable therefor on the clerk's official bond as for
other money coming into the clerk's hands by virtue of the
clerk's office.
(e) The sheriff shall pay into the state treasury all jury
costs received from the court clerks, and the sheriff shall be
held to account in the sheriff's annual settlement for all such moneys.
NOTE: The purpose of this bill is to set the reimbursement
of jurors at $40 per day.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.