H. B. 2328


(By Delegates Stemple, Coleman and Williams)

[Introduced February 19, 2001 ; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section thirteen, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to payment to magistrates who serve temporarily outside their elected counties.

Be it enacted by the Legislature of West Virginia:

That section thirteen, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 1. COURTS AND OFFICERS.

§50-1-13. Temporary service within or outside of county.

The chief justice of the supreme court of appeals or judge of the circuit court of the county in which a magistrate is elected, or the chief judge thereof if there is more than one judge of the
circuit court, may order a magistrate to serve temporarily at locations within the county other than at the regular office or offices of such magistrate.
The chief justice of the supreme court of appeals or judge of the circuit court of the county in which a magistrate is elected, or the chief judge thereof if there is more than one judge of the circuit court, may by order direct a magistrate to serve temporarily in any other county within the judicial circuit for such purposes as the judge may direct. Such The magistrate's authority, to the extent ordered by such the judge, shall be equal to the jurisdiction and authority of a magistrate elected in the county to which such the magistrate is ordered to serve. Such The temporary assignment may not exceed sixty days in length in any given calendar year, except with the consent of the transferred magistrate. Magistrates shall be reimbursed for such reasonable expenses incurred in service outside of the county as provided for by rule of the supreme court of appeals: Provided, That magistrates who are assigned to counties with a higher salary schedule for magistrates than the salary schedule in the county from which the magistrate on temporary assignment was elected, shall be reimbursed for the difference of the salary in the
assigned county and the lower salary which the magistrate received in the county of election, prorated for the number of days of the temporary assignment: Provided, however, That under no circumstances may the assigned magistrate be reimbursed on a pro rata basis for less than the salary received in the county of that magistrate's election.



NOTE: The purpose of this bill is to provide for the payment of magistrates who are assigned outside the magistrate's elected county for temporary service. If the county to which the magistrate is assigned for temporary service has a higher salary schedule than the magistrate's home county, the magistrate shall be paid the higher salary for the time served.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.