COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 335
(By Senators Kessler, Hunter, White and McKenzie)
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[Originating in the Committee on the Judiciary;
reported January 29, 2008.]
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A BILL to amend and reenact §50-1-6a and §50-1-9b of the Code of
West Virginia, 1931, as amended, all relating to providing for
reasonable payment for senior status magistrates; authorizing
the Supreme Court of Appeals to create a panel of senior
status magistrate assistants; and providing for reasonable
payment.
Be it enacted by the Legislature of West Virginia:
That §50-1-6a and §5-1-9b of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-6a. Temporary appointment of senior status magistrates.
The West Virginia supreme court of appeals is authorized and
empowered to create a panel of senior
status magistrates to consist
of, and to utilize the talent and experience of,
retired senior
status magistrates of this state. The supreme court of appeals
shall promulgate rules providing for such senior
status magistrates
to be assigned duties as needed and as feasible toward the
objective of reducing caseloads and providing for replacement of
magistrates who are unavailable
:. Provided, That reasonable Reasonable payment shall be made to
said the senior
status
magistrates
. on a per diem basis: Provided, however, That the per
diem and retirement compensation of a senior magistrate shall not
exceed the salary of a sitting magistrate and allowances Allowances
shall also be made for necessary expenses pursuant to the travel
regulations of the supreme court of appeals.
§50-1-9b. Appointment of senior magistrate court clerks and
assistants.
The West Virginia Supreme Court of Appeals is authorized to
create a panel of senior magistrate court clerks
and assistants to
utilize the talent and experience of former magistrate court clerks
and assistants of this state. The Supreme Court of Appeals shall
promulgate rules providing for senior magistrate court clerks
and
assistants to be assigned duties as needed to serve: (1) In the
place of magistrate court clerks
or assistants who are on
authorized leave or are otherwise unavailable; or (2) while there
is a vacancy in a magistrate court clerk's office
or a magistrate's
office. The Supreme Court of Appeals shall further promulgate rules
to provide for: (1) Reimbursement of travel and other necessary
expenses actually incurred while the senior clerk
or senior
assistant is serving outside the county of his or her residence
;
and (2)reasonable compensation on a per diem basis: Provided, That
the per diem and retirement compensation of a senior magistrate
court clerk may not exceed the salary of the magistrate court clerk
in whose place the senior clerk is serving. and reasonable payment
for services rendered shall be made.
NOTE: The purpose of this bill is to authorize the Supreme
Court of Appeals to create a panel of senior status magistrates and
senior status magistrate assistants and to provide for reasonable
payment.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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