West Virginia 2020 Regular Session Status: Passed Senate 1 R cosponsors

SB 653 — Increasing number of magistrates in certain counties

Last action — To House Finance

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

156 added · 61 removed

Plain-language change summary

The amended bill SB 653 increases the number of magistrates in specific counties, like Berkeley County, which will have an additional magistrate starting January 1, 2021. This change aims to address disparities in caseloads and improve the resources available in magistrate courts, ensuring they can better serve the needs of their communities. By enacting this increase, the bill seeks to make the judicial system more equitable across different counties.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 653 History OTHER VERSIONS  —  Committee Substitute (1)  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB653 SUB1 « Senate Bill 653 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 653 By Senator Carmichael (Mr.
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 653 Senators Carmichael (Mr.
President) [Introduced January 29, 2020;
President), Tarr, and Rucker, original sponsors [Originating in the Committee on the Judiciary;
referred to the Committee on the Judiciary;
reported on February 7, 2020]     A BILL to amend and reenact §50-1-2 and §50-1-6 of the Code of West Virginia, 1931, as amended, all relating generally to magistrate courts;
and then to the Committee on Finance] A BILL to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to the number of magistrates in Putnam County.
establishing the number of magistrates to serve in each county of the state;
increasing the number of magistrates to serve in certain counties beginning on January 1, 2021;
and providing for the initial filling of vacancies in newly created magisterial offices.
(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.
(a) Upon the effective date of this section, the number of magistrates serving in each county shall be as follows:
(b) The number of magistrates serving in each county of the state shall comport with the numbers certified by the Supreme Court of Appeals to the ballot commissioners of each county on or before January 31, 2000, for purposes of the primary and general elections to be held in the year 2000.
(1) Barbour County shall have two magistrates.
(c)(1) The Legislature finds that there exists among the various counties large and unwarranted disparities of caseload between the magistrate courts.
(2) Berkeley County shall have five magistrates, except that beginning on January 1, 2021, Berkeley County shall have six magistrates.
The Legislature further finds that the disparity causes an inequity with regard to magistrate court resources and the ability of the courts to effectively meet the needs of the citizens of this state who need to avail themselves of this judicial resource.
(3) Boone County shall have two magistrates.
The Legislature further finds that the system currently in place for allocating magistrate court resources which has been in effect since the year 1991 produces certain anomalies which cause quadrennial reallocation of magistrate resources based upon said anomalies which in turn cause a waste of funds, inequitable workloads, unnecessary shifting of resources and confusion among the various counties.
(4) Braxton County shall have two magistrates.
(2) The office of Legislative Services is hereby directed to undertake a comprehensive study of the magistrate courts of the various counties to determine, among other things, the work performed by various personnel in the magistrate court system, how work time is spent by said employees and to report its findings no later than December 10, 2001, to the joint standing committee on the judiciary.
(5) Brooke County shall have two magistrates.
(3) The division of criminal justice and highway safety shall, in conjunction with the administrative office of the West Virginia Supreme Court of Appeals, compile for consideration by the Legislature statistical information and documentation regarding caseloads, cases handled per year per magistrate, cases per county, cases per circuit and provide to the President of the Senate and the Speaker of the House of Delegates no later than the first day of the 2002 regular session of the Legislature, their recommendations for improving the magistrate process, better utilization of court resources, including, but not limited to, categorizing the various types of cases heard in magistrate court and developing a new weighted formula to evaluate types of cases by the amount of time necessary to bring said cases to a resolution (d) (c) Notwithstanding the other provisions of this section, the allowable number of magistrates serving the counties of Berkeley and Nicholas on March 1, 2001, shall be increased by one in each county, effective July 1, 2001.
(6) Cabell County shall have seven magistrates.
The initial appointment to the position shall be made in accordance with the provisions of §50-1-6 of this code.
(7) Calhoun County shall have two magistrates.
(d) Notwithstanding the other provisions of this section, the allowable number of magistrates serving the county of Putnam shall be increased by one effective July 1, 2020.
(8) Clay County shall have two magistrates.
The initial appointment to the position shall be made in accordance with the provisions of §50-1-6 of this code.
(9) Doddridge County shall have two magistrates.
(10) Fayette County shall have four magistrates.
(11) Gilmer County shall have two magistrates.
(12) Grant County shall have two magistrates.
(13) Greenbrier County shall have three magistrates.
(14) Hampshire County shall have two magistrates.
(15) Hancock County shall have three magistrates.
(16) Hardy County shall have two magistrates.
(17) Harrison County shall have five magistrates.
(18) Jackson County shall have two magistrates.
(19) Jefferson County shall have three magistrates, except that beginning on January 1, 2021, Jefferson County shall have four magistrates.
(20) Kanawha County shall have ten magistrates.
(21) Lewis County shall have two magistrates.
(22) Lincoln County shall have two magistrates.
(23) Logan County shall have three magistrates.
(24) Marion County shall have four magistrates.
(25) Marshall County shall have three magistrates.
(26) Mason County shall have two magistrates.
(27) McDowell County shall have three magistrates.
(28) Mercer County shall have five magistrates.
(29) Mineral County shall have two magistrates.
(30) Mingo County shall have three magistrates.
(31) Monongalia County shall have four magistrates, except that beginning on January 1, 2021, Monongalia County shall have five magistrates.
(32) Monroe County shall have two magistrates.
Show all 75 changed rows (35 more)
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(33) Morgan County shall have two magistrates.
(34) Nicholas County shall have three magistrates.
(35) Ohio County shall have four magistrates.
(36) Pendleton County shall have two magistrates.
(37) Pleasants County shall have two magistrates.
(38) Pocahontas County shall have two magistrates.
(39) Preston County shall have three magistrates.
(40) Putnam County shall have three magistrates, except that beginning on January 1, 2021, Putnam County shall have four magistrates.
(41) Raleigh County shall have five magistrates.
(42) Randolph County shall have three magistrates.
(43) Ritchie County shall have two magistrates.
(44) Roane County shall have two magistrates.
(45) Summers County shall have two magistrates.
(46) Taylor County shall have two magistrates.
(47) Tucker County shall have two magistrates.
(48) Tyler County shall have two magistrates.
(49) Upshur County shall have two magistrates.
(50) Wayne County shall have three magistrates.
(51) Webster County shall have two magistrates.
(52) Wetzel County shall have two magistrates.
(53) Wirt County shall have two magistrates.
(54) Wood County shall have four magistrates.
(55) Wyoming County shall have three magistrates.
(b) Initial appointment.
— Magistrates shall be appointed to fill initial vacancies in the magisterial offices created by the amendments to this section during the regular session according to the requirements of §50-1-6 of this code.
Thereafter, magistrates shall be elected to such offices as required by §50-1-1 of this code.
§50-1-6.
Vacancy in office of magistrate.
(a) Subject to the provisions of §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 commence before the expiration of the term of office for sitting magistrates, the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, shall fill the same by appointment.
(b) At a nonpartisan judicial election in which a magistrate is elected for an unexpired term, the circuit judge, or the chief judge thereof if there is more than one judge of the circuit court, shall cause a notice of such election to be published prior to such election as a Class II-0 legal advertisement in compliance with the provisions of §59-3-1 et seq.
of this code and the publication area for such publication shall be the county involved.
The purpose of this bill is to increase the number of magistrates in Putnam County.
The purpose of this bill is to increase the number of magistrates in Berkeley, Jefferson, and Putnam Counties.
§50-1-2 has been completely rewritten;
therefore, it has been completely underscored.
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Action History

  1. To House Finance

  2. With amendment, do pass, but first to Finance

  3. To House Judiciary

  4. To Judiciary then Finance

  5. Introduced in House

  6. Ordered to House

  7. Passed Senate (Roll No. 303)

  8. Read 3rd time

  9. On 3rd reading

  10. Read 2nd time

  11. On 2nd reading

  12. Read 1st time

  13. Immediate consideration

  14. Reported do pass

  15. To Finance

  16. Committee substitute reported, but first to Finance

  17. To Judiciary

  18. Introduced in Senate

  19. To Judiciary then Finance

  20. Filed for introduction

Sponsors

  • Carmichael · Primary
  • Eric Tarr · Cosponsor
  • Rucker · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on

Sponsors (1)

  • Carmichael

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 32 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 30200
Total 32200
% of votes cast 94%6%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Nay
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Nay
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 653?
SB 653 is sponsored by Carmichael, Eric Tarr (Republican), and Rucker.
What is the current status of SB 653?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 653?
Track SB 653 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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