Introduced Version
House Bill 2549 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2549
(By Delegates M. Smith, Phillips, L., Moore, White,
Marcum and Miley)
[Introduced February 19, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and enact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of
the Code of West Virginia, 1931, as amended, all relating to
increasing salaries of those magistrates and their staffs
whose salaries were reduced as a result of the 2010 census to
precensus amounts; providing an effective date; and providing
that the salary increase is retroactive to January 1, 2013.
Be it enacted by the Legislature of West Virginia:
That §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of
West Virginia, 1931, 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 section thirty-nine,
article VI 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 four hundred
in population and the second tier for magistrates serving eight
thousand four hundred or more in population 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) The salary of each magistrate shall be paid by the state.
Magistrates who serve fewer than eight thousand four hundred in
population shall be paid annual salaries of $30,625 and magistrates
who serve eight thousand four hundred or more in population shall
be paid annual salaries of $37,000: Provided, That on and after
the first day of July, two thousand three, magistrates who serve
fewer than eight thousand four hundred in population shall be paid
annual salaries of $33,625 and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of
$40,000: Provided, however, That on and after the first day of
July, 2005, magistrates who serve fewer than eight thousand four
hundred in population shall be paid annual salaries of $43,625 and
magistrates who serve eight thousand four hundred or more in
population shall be paid annual salaries of $50,000: Provided
further, That on and after the first day of July, 2011, magistrates
who serve fewer than eight thousand four hundred in population
shall be paid annual salaries of $51,125 and magistrates who serve
eight thousand four hundred or more in population shall be paid
annual salaries of $57,500.
(c) 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.
(d) Notwithstanding any provision of this code to the
contrary, any magistrate whose salary was decreased as a result of
the 2010 United States census shall have his or her salary
increased to the precensus amount. This section is effective upon
date of passage and is retroactive to January 1, 2013.
.
§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 $2,500 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 $26,436 per year and magistrate court clerks serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to $31,344 per year: Provided, That on
and after July 1, 2006, magistrate court clerks serving magistrates
who serve less than eight thousand four hundred in population shall
be paid up to $31,436 per year and magistrate court clerks serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to $36,344 per year: Provided,
however, That on and after July 1, 2007, magistrate court clerks
serving magistrates who serve less than eight thousand four hundred
in population shall be paid up to $36,436 per year and magistrate court clerks serving magistrates who serve eight thousand four
hundred or more in population shall be paid up to $41,344 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) Notwithstanding any provision of this code to the
contrary, any magistrate court clerk whose salary was decreased as
a result of the 2010 United States census shall have his or her
salary increased to the precensus amount. This section is
effective upon date of passage and is retroactive to January 1,
2013.
§50-1-9. Magistrate assistants; salary; duties.
(a) 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.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed 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. In addition to these duties, magistrate assistants shall perform and are 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 are payable to the court;
(4) The submission of moneys, along with an accounting of the
moneys, 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 of the circuit
court 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 determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by
the state. Magistrate assistants serving magistrates who serve
less than eight thousand four hundred in population shall be paid up to $23,148 per year and magistrate assistants serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to $26,244 per year: Provided, That on
and after July 1, 2006, magistrate assistants serving magistrates
who serve less than eight thousand four hundred in population shall
be paid up to $28,148 per year and magistrate assistants serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to $31,244 per year: Provided,
however, That on and after July 1, 2007, magistrate assistants
serving magistrates who serve less than eight thousand four hundred
in population shall be paid up to $33,148 per year and magistrate
assistants serving magistrates who serve eight thousand four
hundred or more in population shall be paid up to $36,244 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 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.
(d) Notwithstanding any provision of this code to the contrary, any magistrate assistant whose salary was decreased as a
result of the 2010 United States census shall have his or her
salary increased to the precensus amount. This section is
effective upon date of passage and is retroactive to January 1,
2013.
§50-1-9a. Magistrate court deputy clerks; duties; salary.
(a) Whenever required by workload and upon the recommendation
of 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,
the Supreme Court of Appeals may, by rule, provide for the
appointment of magistrate court deputy clerks, not to exceed
seventy-two in number. The magistrate court deputy clerks shall be
appointed by the judge of the circuit court, or the chief judge if
there is more than one judge of the circuit court, to serve at his
or her will and pleasure under the immediate supervision of the
magistrate court clerk.
(b) Magistrate court deputy clerks shall have the 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 if
there is more than one judge of the circuit court. Magistrate
court deputy clerks may also exercise the power and perform the
duties of the magistrate court clerk as may be delegated or
assigned by the magistrate court clerk.
(c) A magistrate court deputy clerk may not be an immediate
family member of any magistrate, magistrate court clerk, magistrate
assistant or judge of the circuit court within the same county, may
not have been convicted of a felony or any misdemeanor involving
moral turpitude and must reside in this state. For purposes of
this subsection, "immediate family member" means a mother, father,
sister, brother, child or spouse.
(d) Magistrate court deputy clerks shall be paid an annual
salary by the state on the same basis and in the same amounts
established for magistrate assistants in each county, as provided
in section nine of this article.
(e) Notwithstanding any provision of this code to the
contrary, any magistrate court deputy clerk whose salary was
decreased as a result of the 2010 United States census shall have
his or her salary increased to the precensus amount. This section
is effective upon date of passage and is retroactive to January 1,
2013.
NOTE: The purpose of this bill is to increasing salaries of
those magistrates and their staffs whose salaries were reduced as
a result of the 2010 census to precensus amounts. The bill
provides an effective date. The bill provides that the salary
increase is retroactive to January 1, 2013.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.