FISCAL NOTE

Date Requested: February 05, 2024
Time Requested: 03:46 PM
Agency: Supreme Court of Appeals
CBD Number: Version: Bill Number: Resolution Number:
3508 Introduced SB649
CBD Subject: Courts


FUND(S):

General

Sources of Revenue:

General Fund

Legislation creates:





Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


This bill clarifies the maximum pay a senior status intermediate court judge and senior status family court judge can receive, and brings both judges in line to the circuit court standard enacted by the Legislature in 2019. Under current law, the combined annual payment of retirement benefits and per diem compensation cannot exceed the salary of a senior status circuit judge. When the ICA legislation was passed in 2021, and when family court judges were added to the Judicial Retirement System in 2022, corresponding language was not added to the judicial retirement code section regarding compensation for senior status work. Without these caps, there is a question as to whether the same standard applies to senior status intermediate court judges and senior status family court judges.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2024
Increase/Decrease
(use"-")
2025
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The bill does not change the current per diem rates, and retired family court judges already provide the same temporary service as outlined in the bill (see W. Va. Code ยง51-2A-19). There are no senior status intermediate court judges at this time, however as the Intermediate Court exists for a longer period of time, the same provisions will likely be necessary for those judges that qualify as well. Therefore, the bill will have no fiscal impact.



Memorandum


Not only would the bill have no fiscal impact, in fact, the bill is intended to provide a cap for combined compensation, which in turn should act as an added fiscal safeguard measure in the future. The Legislature already adopted this policy goal as it relates to senior status circuit judges and senior status magistrates (See 2019 SB 398).



    Person submitting Fiscal Note: Keith Hoover
    Email Address: keith.hoover@courtswv.gov