H. B. 2731


(By Delegates Trump, Doyle, Staton and Manuel)

[Introduced March 5, 2001 ; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact sections three, four, eight and nine, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the pay of magistrates, magistrate court clerks, and magistrate assistants in counties with high caseloads.

Be it enacted by the Legislature of West Virginia:

That sections three, four, eight and nine, 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.

§50-1-3. Salaries of magistrates.

(a) The Legislature finds and declares that:

(1) The West Virginia supreme court of appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate the equal protection clause of the constitution of the United States;

(2) The West Virginia supreme court of appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate article VI, section thirty-nine of the constitution of West Virginia;

(3) The utilization of a two-tiered salary schedule for magistrates is an equitable and rational manner by which magistrates should be compensated for work performed;

(4) Organizing the two tiers of the salary schedule into one tier for magistrates serving less than eight thousand five hundred in population and having lower caseloads and the second tier for magistrates serving eight thousand five hundred or more in population or having higher caseloads as defined in this section, is rational and equitable given current statistical information relating to population and caseload; and

(5) That all magistrates who fall under the same tier should be compensated equally.

(b) As used in this section and in sections four, eight and
nine of this article, the term "counties with a high caseload" means a county that had over three thousand total filings according to audit by the department of tax and revenue of the filings for the magistrate courts in the state for the year one thousand nine hundred ninety-six.
(b) (c) The salary of each magistrate shall be paid by the state. Magistrates who serve less than ten thousand in population shall be paid annual salaries of twenty thousand six hundred twenty-five dollars and magistrates who serve ten thousand or more in population shall be paid annual salaries of twenty-seven thousand dollars: Provided, That on and after the first day of January, one thousand nine hundred ninety-two, magistrates who serve less than ten thousand in population shall be paid annual salaries of twenty-one thousand six hundred twenty-five dollars and magistrates who serve ten thousand or more in population shall be paid annual salaries of twenty-eight thousand dollars: Provided, however, That on and after the first day of January, one thousand nine hundred ninety-three, magistrates who serve less than eight thousand five hundred in population shall be paid annual salaries of twenty-three thousand six hundred twenty-five dollars and magistrates who serve eight thousand five hundred or more in
population shall be paid annual salaries of thirty thousand dollars: Provided further, That On and after the first day of January, one thousand nine hundred ninety-seven, magistrates who serve less than eight thousand five hundred in population shall be paid annual salaries of twenty-six thousand six hundred twenty-five dollars and magistrates who serve eight thousand five hundred or more in population shall be paid annual salaries of thirty-three thousand dollars: Provided, That on and after the first day of January, two thousand one, magistrates who serve in counties with high caseloads, as defined in this section, shall be paid the same annual salaries as magistrates who serve eight thousand five hundred or more in population.
(c) (d) 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. For the purpose of this article, the population of each county is the population as determined by the last preceding decennial census taken under the authority of the United States government.

§50-1-4. Qualifications of magistrates; training; oath; continuing education; time devoted to public duties.

Each magistrate shall be at least twenty-one years of age, shall have a high school education or its equivalent, shall not have been convicted of any felony or any misdemeanor involving moral turpitude and shall reside in the county of his or her election. No magistrate shall be a member of the immediate family of any other magistrate in the county. In the event more than one member of an immediate family shall be elected in a county, only the member receiving the highest number of votes shall be eligible to serve. For purposes of this section, immediate family means the relationship of mother, father, sister, brother, child or spouse. Notwithstanding the foregoing provisions of this section, each person who held the office of justice of the peace on the fifth day of November, one thousand nine hundred seventy-four, and who served in or performed the functions of such the office for at least one year immediately prior thereto shall be deemed considered qualified to run for the office of magistrate in the county of his or her residence.
No person shall assume the duties of magistrate unless he or she shall have first attended and completed a course of instruction in rudimentary principles of law and procedure which shall be given in accordance with the supervisory rules of the supreme court of appeals.
All magistrates shall be required to attend such other courses of continuing educational instruction as may be required by supervisory rule of the supreme court of appeals. Failure to attend such the courses of continuing educational instruction without good cause shall constitute neglect of duty. Such The courses shall be provided at least once every other year. Persons attending such the courses outside of the county of their residence shall be reimbursed by the state for expenses actually incurred in accordance with the supervisory rules of the supreme court of appeals.
Each magistrate shall, before assuming the duties of office, take an oath of office to be administered by the circuit judge of the county, or the chief judge thereof if there is more than one judge of the circuit court. Each magistrate shall maintain the qualifications for office at all times.
Each magistrate who serves five eight thousand five hundred or less in population shall devote such time to his or her public duties as shall be required by rule or regulation of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. Each magistrate who serves more than five eight thousand five hundred in population or who serves in a county with a heavy caseload, as that term is defined in section three of this article, shall devote full time to his or her public duties. As nearly as practicable, the workload and the total number of hours required shall be divided evenly among the magistrates in a county by such the judge.
§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 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, That on and after the first day of January, two thousand one, magistrate court clerks in counties with high caseloads, as that term is defined in section three of this article, shall be paid the same salary as magistrate court clerks in counties whose magistrates serve eight thousand five hundred or more in population: Provided, further however, 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.
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 the 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 not be a member of the immediate family of any magistrate and shall 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 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 the 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, That on and after the first day of January, two thousand one, magistrate assistants in counties with high caseloads, as that term is defined in section three of this article, shall be paid the same salary as magistrate court clerks in counties whose magistrates serve eight thousand five hundred or more in population: Provided, further however, 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.

NOTE: The purpose of this bill is to provide salary increases for magistrates, magistrate court clerks and magistrate assistants in counties with high caseloads. It gives a new definition for "counties with a high case load."

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