H. B. 3096
(By Delegate Campbell (By Request))
[Introduced March 25, 2013; referred to the
Committee on the Judiciary then Finance.]
A Bill to amend and reenact §51-2A-6 of the Code of West Virginia,
1931, as amended, relating to increasing the compensation caps
for secretary-clerks and case coordinators in the family court
system and to provide that across the board increases given to
other state employees are also given to the secretary-clerks
and case coordinators in addition to the capped amounts.
Be it enacted by the Legislature of West Virginia:
That §51-2A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a) A family court judge is entitled to receive as
compensation for his or her services an annual salary of $62,500: Provided, That beginning July 1, 2005, a family court judge is
entitled to receive as compensation for his or her services an
annual salary of $82,500: Provided, however, That beginning July
1, 2011, the annual salary of a family court judge shall be
$94,500.
(b) The secretary-clerk of the family court judge is appointed
by the family court judge and serves at his or her will and
pleasure. The secretary-clerk of the family court judge is entitled
to receive an annual salary of $27,036: Provided, That on and
after July 1, 2006, the annual salary of the secretary-clerk shall
be established by the administrative director of the Supreme Court
of Appeals, but may not exceed $35,000: Provided, however, That on
and after July 1, 2013, the annual salary of the secretary-clerk
shall be established by the administrative director of the Supreme
Court of Appeals but may not exceed $41,500.
In addition, any
person employed as a secretary-clerk to a family court judge on the
effective date of the enactment of this section during the sixth
extraordinary session of the Legislature in the year 2001 who is
receiving an additional $500 per year up to ten years of a certain
period of prior employment under the provisions of the prior
enactment of section eight of this article during the second
extraordinary session of the Legislature in the year 1999 shall
continue to receive such additional amount. Further, the
secretary-clerk will receive, in addition to the capped amount, such percentage or proportional salary increases as may be provided
by general law for other public employees and is entitled to
receive the annual incremental salary increase as provided in
article five, chapter five of this code.
(c) The family court judge may employ not more than one family
case coordinator who serves at his or her will and pleasure. The
annual salary of the family case coordinator of the family court
judge shall be established by the Administrative Director of the
Supreme Court of Appeals but may not exceed $36,000: Provided,
That on and after July 1, 2006, the annual salary of the family
case coordinator of the family court judge may not exceed $46,060:
Provided, however, That on and after July 1, 2013, the annual
salary of the family case coordinator shall be established by the
administrative director of the Supreme Court of Appeals but may not
exceed $52,000.
In addition to the capped amount, the family case
coordinator will receive such percentage or proportional salary
increases as may be provided by general law for other public
employees and is entitled to receive the annual incremental salary
increase as provided in article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as
a bailiff for a family court judge. The sheriff of each county
shall serve or designate persons to serve so as to assure that a
bailiff is available when a family court judge determines the same
is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and
members of their staffs are made by or pursuant to the order of the
Director of the Administrative Office of the Supreme Court of
Appeals.
(f) Family court judges and members of their staffs are
allowed their actual and necessary expenses incurred in the
performance of their duties. The expenses and compensation will be
determined and paid by the Director of the Administrative Office of
the Supreme Court of Appeals under such guidelines as he or she may
prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court
judges are not eligible to participate in the retirement system for
judges under the provisions of article nine of this chapter.
NOTE: The purpose of this bill is to
increase the compensation
caps for secretary-clerks and case coordinators in the family court
system and to provide across the board increases that are granted
other state employees are granted to secretary-clerks and case
coordinators in addition to the capped amount.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.