H. B. 3123


(By Delegates Flanigan, Wright,
Frederick and Wills)

[Introduced March 30, 2001; referred to the
Committee on Finance.]



A BILL to amend and reenact sections eight, nine and nine-a, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the salaries of magistrate assistants, clerks and deputy clerks, equivalent to salary increases previously provided to family law masters' staffs.

Be it enacted by the Legislature of West Virginia:
That sections eight, nine and nine-a, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of circuit clerk.

In each county having three or more magistrates the judge of the circuit court or the chief judge thereof, if there is more than one judge of the circuit court, shall appoint a magistrate court clerk. In all other counties such the judge may appoint a magistrate court clerk or may by rule require the duties of the magistrate court clerk to be performed by the clerk of the circuit court, in which event such the circuit court clerk shall be entitled to additional compensation in the amount of two thousand five hundred dollars per year. The magistrate court clerk shall serve at the will and pleasure of the circuit judge.
Magistrate court clerks shall be paid a monthly salary by the state. Magistrate court clerks serving magistrates who serve less than ten thousand in population shall be paid up to one thousand two hundred forty-one dollars per month and magistrate court clerks serving magistrates who serve ten thousand or more in population shall be paid up to one thousand six hundred fifty dollars per month: Provided, That on and after the first day of January, one thousand nine hundred ninety-two, magistrate court clerks serving magistrates who serve less than ten thousand in population shall be paid up to one thousand three hundred twenty-five dollars per month and magistrate court clerks serving magistrates who serve ten thousand or more in population shall be paid up to one thousand seven hundred thirty-four dollars per month: Provided, however, That on and after the first day of January, one thousand nine hundred ninety-three, magistrate court clerks serving magistrates who serve less than eight thousand five hundred in population shall be paid up to one thousand four hundred fifty dollars per month and magistrate court clerks serving magistrates who serve eight thousand five hundred or more in population shall be paid up to one thousand eight hundred fifty-nine dollars per month: Provided further, That after the effective date of this section, any general salary increase granted to all state employees, whose salaries are not set by statute, expressed as a percentage increase or an "across-the-board" increase, may also be granted to magistrate court clerks. For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each county shall be divided into the population of each county. The salary of the magistrate court clerk shall be established by the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, within the limits set forth in this section: And provided further, That after the effective date of this amendment to this section, a magistrate court clerk who has been so employed for at least two years prior to the effective date of this amendment, shall receive an additional five hundred dollars per year up to ten years of prior employment.
In addition to other duties as may be imposed by the provisions of this chapter or by the rules of the supreme court of appeals or the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, it is the duty of the magistrate court clerk to establish and maintain appropriate dockets and records in a centralized system for the magistrate court, to assist in the preparation of such reports as may be required of the court and to carry out on behalf of the magistrates or chief magistrate if a chief magistrate is appointed, the administrative duties of the court.
The magistrate court clerk or, if there is no magistrate court clerk in the county, the clerk of the circuit court has the authority to issue all manner of civil process and to require the enforcement of subpoenas and subpoenas duces tecum in magistrate court.
 §50-1-9. Magistrate assistants; salary; duties.
In each county there shall be one magistrate assistant for each magistrate. Each magistrate assistant shall be appointed by the magistrate under whose authority and supervision and at whose will and pleasure he or she shall serve. The assistant shall may not be a member of the immediate family of any magistrate and shall may not have been convicted of a felony or any misdemeanor involving moral turpitude and shall reside in the state of West Virginia. For the purpose of this section, "immediate family" means the relationships of mother, father, sister, brother, child or spouse.
A magistrate assistant shall have such has the duties, clerical or otherwise, as may be assigned by the magistrate and as may be prescribed by the rules of the supreme court of appeals or the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. In addition to these duties, magistrate assistants shall perform and be accountable to the magistrate court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various magistrates;
(3) The collection of all costs, fees, fines, forfeitures and penalties which may be payable to the court;
(4) The submission of such moneys, along with an accounting thereof, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be located in the magistrate clerk's office;
(6) All duties related to the gathering of information and documents necessary for the preparation of administrative reports and documents required by the rules of the supreme court of appeals or the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the magistrate assistant is accountable to the magistrate court clerk as the magistrate determines.
Magistrate assistants shall be paid a monthly salary by the state. Magistrate assistants serving magistrates who serve less than ten thousand in population shall be paid up to nine hundred sixty-seven dollars per month and magistrate assistants serving magistrates who serve ten thousand or more in population shall be paid up to one thousand two hundred twenty-five dollars per month: Provided, That on and after the first day of January, one thousand nine hundred ninety-two, magistrate assistants serving magistrates who serve less than ten thousand in population shall be paid up to one thousand fifty-one dollars per month and magistrate assistants serving magistrates who serve ten thousand or more in population shall be paid up to one thousand three hundred nine dollars per month: Provided, however, That on and after the first day of January, one thousand nine hundred ninety-three, magistrate assistants serving magistrates who serve less than eight thousand five hundred in population shall be paid up to one thousand one hundred seventy-six dollars per month and magistrate assistants serving magistrates who serve eight thousand five hundred or more in population shall be paid up to one thousand four hundred thirty-four dollars per month: Provided further, That after the effective date of this section, any general salary increase granted to all state employees, whose salaries are not set by statute, expressed as a percentage increase or an "across-the-board" increase, may also be granted to magistrate assistants. For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each county shall be divided into the population of each county. The salary of the magistrate assistant shall be established by the magistrate within the limits set forth in this section: And provided further, That after the effective date of this amendment to this section, a magistrate assistant who has been so employed for at least two years prior to the effective date of this amendment, shall receive an additional five hundred dollars per year up to ten years of prior employment.
 §50-1-9a. Magistrate court deputy clerks; salary; duties.
Whenever required by workload and upon the recommendation of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, the supreme court of appeals may by rule provide for the appointment of magistrate court deputy clerks, not to exceed fifty-seven in number. Such magistrate Magistrate court deputy clerks shall will be appointed by the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, with such the appointee to serve at his or her will and pleasure under the immediate supervision of the magistrate court clerk. Such The magistrate court deputy clerk shall have such duties, clerical or otherwise, as may be assigned by the magistrate court clerk and as may be prescribed by the rules of the supreme court of appeals or the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. Such magistrate Magistrate court deputy clerks shall also have authority to exercise the power and perform the duties of the magistrate court clerk as may be delegated or assigned by such the magistrate court clerk.
Such The magistrate court deputy clerk shall may not be a member of the immediate family of any magistrate, magistrate court clerk, magistrate assistant or circuit court judge within the same county, shall may not have been convicted of a felony or any misdemeanor involving moral turpitude and shall reside in the state of West Virginia. For the purpose of this section, "immediate family" shall mean means the relationships of mother, father, sister, brother, child or spouse.
Magistrate court deputy clerks shall be paid a monthly salary by the state. Such The salary shall be paid on the same basis and in the same applicable amounts as for magistrate assistants in each county as provided in section nine of this article : Provided, That after the effective date of this amendment to this section, a magistrate court deputy clerk who has been so employed for at least two years prior to the effective date of this amendment, shall receive an additional five hundred dollars per year up to ten years of prior employment.
 NOTE: The purpose of this bill is to increase the salaries of magistrate assistants, clerks and deputy clerks, equivalent to salary increases previously provided to family law masters' staffs.

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