SB 261 — Relating to number of magistrates serving each county

(25)(28) MarshallMercer County shall sithave twofive magistrates.

(26)(29) MasonMineral County shall sithave two magistrates.

(27)(30) McDowellMingo County shall sithave twothree magistrates.

(28)(31) MercerMonongalia County shall sithave four magistrates, except that beginning on July 1, 2019, Monongalia County shall have five magistrates.

(29)(32) MineralMonroe County shall sithave two magistrates.

(30)(33) MingoMorgan County shall sithave two magistrates.

(31)(34) MonongaliaNicholas County shall sithave fivethree magistrates.

(32)(35) MonroeOhio County shall sithave twofour magistrates.

(33)(36) MorganPendleton County shall sithave two magistrates.

(34)(37) NicholasPleasants County shall sithave two magistrates.

(35)(38) OhioPocahontas County shall sithave threetwo magistrates.

(36)(39) PendletonPreston County shall sithave twothree magistrates.

(37)(40) PleasantsPutnam County shall sithave twofour magistrates.

(38)(41) PocahontasRaleigh County shall sithave twofive magistrates.

(39)(42) PrestonRandolph County shall sithave twothree magistrates.

(40)(43) PutnamRitchie County shall have two magistrates.

(41)(44) RaleighRoane County shall sithave sixtwo magistrates.

(42)(45) RandolphSummers County shall sithave two magistrates.

(43)(46) RitchieTaylor County shall sithave two magistrates.

(44)(47) RoaneTucker County shall sithave two magistrates.

(45)(48) SummersTyler County shall sithave two magistrates.

(46)(49) TaylorUpshur County shall sithave two magistrates.

(47)(50) TuckerWayne County shall sithave twothree magistrates.

(48)(51) TylerWebster County shall sithave two magistrates.

(49)(52) UpshurWetzel County shall sithave two magistrates.

(50)(53) WayneWirt County shall sithave two magistrates.

(51)(54) WebsterWood County shall sithave twofour magistrates.

(52)(55) WetzelWyoming County shall sithave twothree magistrates.

(53)(b) WirtInitial Countyappointment. shall sit two magistrates.

(54)– WoodMagistrates County shall sitbe fourappointed magistrates.to fill initial vacancies in the magisterial offices created by the amendments to this section during the 2019 Regular Session according to the requirements of §50-1-6 of this code.

(55)Thereafter, Wyomingmagistrates County shall sitbe twoelected magistrates.to such offices as required by §50-1-1 of this code.

(d)§50-1-6. Magistrates whose terms commence on January 1, 2021, or every fourth year after that, shall be elected during the regularly scheduled election or elections taking place in 2020, or every fourth year after that.

 Vacancy NOTE:in office of magistrate.

The(a) purposeSubject to the provisions of section one, article ten, chapter three of this billcode §3-10-1 and §3-10-3 of this code, when a vacancy occurs in the office of magistrate or when an additional magisterial office is created by statute to codifycommence before the numberexpiration of magistratesthe servingterm inof office for sitting magistrates, the statejudge andof withinthe eachcircuit countycourt, followingor the 2020chief electionjudge cycle.thereof if there is more than one judge of the circuit court, shall fill the same by appointment.

Strike-throughs(b) indicateAt languagea thatnonpartisan wouldjudicial beelection strickenin fromwhich a headingmagistrate is elected for an unexpired term, the circuit judge, or the presentchief lawjudge andthereof underscoringif indicatesthere newis languagemore thatthan wouldone judge of the circuit court, shall cause a notice of such election to be added.published prior to such election as a Class II-0 legal advertisement in compliance with the provisions of §59-3-1 et seq.

Thisof sectionthis hascode, beenand completelythe rewritten;publication area for such publication shall be the county involved.

§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 77 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 §50-1-9 of this code.

(e) Notwithstanding any provision of this code to the contrary, the amendments made to section nine of this article during the 2013 First Extraordinary Session, and the effects of those amendments on subsection (d) of this section, are effective upon passage and are retroactive to January 1, 2013.

(f) Beginning January 1, 2017, the annual salary of all magistrate court deputy clerks is $39,348.

After the effective date of this section, a general salary increase granted to 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 deputy clerks.

NOTE:

The purpose of this bill is to codify the number of magistrates serving in the state and within each county following the 2020 election cycle and to increase the number of magistrate court deputy clerks that may be appointed in the state.

§50-1-2 has been completely rewritten;

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