H. B. 4489
(By Delegates Rodighiero, Hrutkay, Ellis,
Eldridge and Reynolds)
[Introduced February 11, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-1-8 of the Code of West Virginia,
1931, as amended, relating to requiring magistrate courts to
maintain records relating to successful collection rates and
making reports available to claimants and general public.
Be it enacted by the Legislature of West Virginia:
That §50-1-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties 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 the circuit court clerk is entitled
to additional compensation in the amount of two thousand five hundred dollars per year. The magistrate court clerk serves at the
will and pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to twenty-six thousand four hundred thirty-six dollars per year
and magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to
thirty-one thousand three hundred forty-four dollars per year:
Provided, That on and after the first day of July, two thousand
six, magistrate court clerks serving magistrates who serve less
than eight thousand four hundred in population shall be paid up to
thirty-one thousand four hundred thirty-six dollars per year and
magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to
thirty-six thousand three hundred forty-four dollars per year:
Provided, however, That on and after the first day of July, two
thousand seven, magistrate court clerks serving magistrates who
serve less than eight thousand four hundred in population shall be
paid up to thirty-six thousand four hundred thirty-six dollars per
year and magistrate court clerks serving magistrates who serve
eight thousand four hundred or more in population shall be paid up
to forty-one thousand three hundred forty-four dollars per year:
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
of the circuit court if there is more than one judge of the circuit
court, within the limits set forth in this section.
(c) In addition to other duties that 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 of the
circuit court 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 the
reports 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.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.
(e) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court shall
maintain proper records relating to the successful collection rates
when persons making claims against others have obtained judgments and attempt to collect those judgments. Reports of these
collection rates shall be made available to the claimants and the
general public.
NOTE: The purpose of this bill is to require magistrate courts
to maintain records relating to successful collection rates on
judgments and to make reports of these available to claimants and
general public.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.