Introduced Version
Senate Bill 453 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 453
(By Senator Beach)
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[Introduced March 5, 2013; referred to the Committee on the
Judiciary; and then to the Committee on Finance .]
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A BILL to amend and reenact §50-1-2 of the Code of West Virginia,
1931, as amended, relating to requiring the Supreme Court of
Appeals to reimplement the number of magistrates in each
county by July 1, 2013.
Be it enacted by the Legislature of West Virginia:
That §50-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-2. Number of magistrates.
(a) The number of magistrates to be elected in each county of
this state shall be determined in accordance with the provisions of
this section.
(b) On or before July 1, 2013, and on or before January 1 in
every fourth year thereafter, the Supreme Court of Appeals shall certify to the board of ballot commissioners of each county the
number of magistrates to be elected in that county for the term of
office commencing on January 1 of the succeeding year. The number
of magistrates so certified shall be determined in accordance with
the following:
(1) The court shall not provide:
(A) For the total number of magistrates in the state to exceed
one hundred fifty-six in number;
(B) For the number of magistrates in any one county to exceed
ten in number; or
(C) For the number of magistrates in any one county to be less
than two in number.
(2) The court shall determine the number of magistrates that
would be apportioned for each county by the application of an equal
proportions formula, as follows:
(A) Two magistrates shall be allocated to each county;
(B) The population of the county shall be divided by a
mathematical factor, as established by the equal proportion method,
to establish each county's priority claim to additional magistrates
above the two magistrates provided for by paragraph (A) of this
subdivision; and
(C) Additional numbers of magistrates shall be allocated to
the several counties in order of priority claims, beginning with
the largest claim, until magistrates have been assigned within the limits of this section.
For purposes of this article, a determination made in
accordance with the provisions of this subdivision is the "equal
proportion number."
(3) The court shall determine the number of magistrates
elected in each county at the last general election in which
magistrates were regularly elected next prior to the preceding
census taken under the authority of the United States government.
For purposes of this article, that number shall be referred to as
the "election number."
(4) The court shall determine the number of case filings per
magistrate in each magistrate court for the most recent fiscal year
preceding the date of certification, and shall rank the magistrate
courts from one through fifty-five, in the order of their case
filings per magistrate, with the court having the most filings per
magistrate being ranked number one, and the court with the least
filings per magistrate being ranked number fifty-five.
(5) If the court determines that the equal proportion number
for a county is the same as the election number for such county,
the court shall certify that number as the number of magistrates to
be elected in that county at the next election.
(6) If the court determines that the equal proportion number
for a county is different from the election number for such county,
the court shall apply the ranking established by subdivision (4) of this subsection and determine the number of magistrates for such
county, as follows:
(A) If the equal proportion number exceeds the election
number, the number of magistrates to be elected in that county at
the next election shall be the election number: Provided, That if
the county is ranked as one through five, inclusive, in accordance
with subdivision (4) of this subsection, the court shall certify
the equal proportion number as the number of magistrates to be
elected in that county at the next election.
(B) If the equal proportion number is less than the election
number, the number of magistrates to be elected in that county at
the next election shall be the equal proportion number: Provided,
That if the county is ranked as one through five, inclusive, in
accordance with subdivision (4) of this subsection, the court shall
certify the election number as the number of magistrates to be
elected in that county at the next election.
(c) If the number of magistrates in a county would have been
increased but for the application of the proviso contained in
paragraph (A), subdivision (6), subsection (b) of this section, and
if the county is ranked as six through ten, inclusive, in
accordance with the provisions of subdivision (4), subsection (b)
of this section, then the Supreme Court of Appeals shall provide
for the appointment of an additional magistrate court deputy clerk
for that county, notwithstanding the limitation on the total number of deputy clerks otherwise provided for under the provisions of
section nine-a of this article.
(d) Any magistrate in office at the time of the effective date
of this section shall continue as a magistrate, unless sooner
removed or retired as provided by law, until January 1, 2014.
NOTE: The purpose of this bill is to require the Supreme Court
of Appeals to reimplement the number of magistrates in each county
according to the formula in place prior to 2000.
This section has been completely rewritten; therefore strike-
throughs and underscoring have been omitted.