Bill Text: WV SB519 | 2018 | Regular Session | Introduced
Bill Title: Increasing salaries of justices of WV Supreme Court of Appeals
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-12 - To Judiciary [SB519 Detail]
Download: West_Virginia-2018-SB519-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
Senate Bill 519
By Senator Woelfel
[Introduced February
12, 2018; Referred
to the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to increasing the salaries of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges, and magistrates.
Be it enacted by the Legislature of West Virginia:
CHAPTER 50. MAGISTRATE COURTS.
§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 Administrative
Office of the Supreme Court of Appeals of West Virginia has stated that the
utilization of a two-tiered salary schedule for magistrates is no longer 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
seven thousand three hundred in population and a second tier for magistrates
serving seven thousand three hundred or more in population is no longer
rational and equitable given current statistical information relating to
population and caseload; and
(5) That by January 1,
2017, all magistrates should be compensated equally.
(b) The salary of each
magistrate shall be paid by the state. Magistrates who serve fewer than 7,300
in population shall be paid annual salaries of $51,125 and magistrates who
serve 7,300 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, the amendments made to this section
during the 2013 First Extraordinary Session are effective upon passage and are
retroactive to January 1, 2013.
(e) On or before July 1,
2013, the Joint Committee on Government and Finance shall request a study by
the National Center for State Courts, working in conjunction with the
Administrative Office of the Supreme Court of Appeals of West Virginia, to
review the weighted case loads in each of the magistrate courts in this state,
and present recommendations as to how the present resources and personnel in
the magistrate court system could be better apportioned to equitably and timely
meet the collective needs of the magistrate court system in West Virginia.
Based on the findings and data generated by that study, the National Center for
State Courts shall make recommendations as to the equitable redistribution of
personnel and resources, by temporary or permanent reassignment, to better meet
the needs and weighted loads that are demonstrated to exist in the various
magistrate courts in this state. This study shall be presented to the Joint
Committee on Government and Finance no later than December 1, 2014, and shall
include recommendations and proposed legislation resulting from such study and
shall also include a plan to continue the efficient delivery of justice by the
magistrate court system and the justification for equalization of pay for all
magistrates. As a part of the submitted study, the plan shall consider the
reassignment of magistrates or the extension of their duties and jurisdiction
to include holding court or delivering services to adjacent counties with
higher caseloads, as part of their regular duties, or being on call as needed
to serve other needs in other adjacent counties or within the same judicial
circuit.
On or before January 15,
2015, the Supreme Court of Appeals of West Virginia shall present its
recommendations to the Legislature regarding how to allocate or assign a
maximum of one hundred fifty- eight magistrates throughout this state to
improve the magistrate process, and more equitably distribute the magistrate
court resources to efficiently and effectively meet the needs of the citizens
of this state
(f) Notwithstanding any provision of this code to the
contrary, beginning January 1, 2017, all magistrates shall be compensated
equally and the annual salary of all magistrates shall be is $57,500.
However, beginning:
(1) July 1, 2018, the annual salary of all magistrates is $60,375;
(2) July 1, 2019, the annual salary of all magistrates is $61,884.38;
(3) July 1, 2020, the annual salary of all magistrates is $63,431.48; and
(4) July 1, 2021, the annual salary of all magistrates is $65,017.27.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.
The salary of each of the
justices of the Supreme Court of Appeals shall be $95,000 per year:
Provided, That beginning July, 1, 2005, the salary of each of the justices
of the Supreme Court shall be $121,000: Provided, however, That
beginning July 1, 2011, the annual salary of a justice of the Supreme Court
shall be is $136,000. However, beginning:
(1) July 1, 2018, the annual salary of a justice of the Supreme Court is $142,800;
(2) July 1, 2019, the annual salary of a justice of the Supreme Court is $146,370;
(3) July 1, 2020, the annual salary of a justice of the Supreme Court is $150,029.25; and
(4) July 1, 2021, the annual salary of a justice of the Supreme Court is $153,779.98.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges
of the various circuit courts shall be paid solely out of the State Treasury.
No county, county commission, board of commissioners or other political
subdivision shall supplement or add to such the salaries.
The annual salary of all
circuit judges shall be $90,000 per year: Provided, That beginning
July 1,2005, the annual salary of all circuit judges shall be $116,000 per year:
Provided, however, That beginning July 1, 2011, the annual salary of a
circuit court judge shall be is $126,000. However, beginning:
(1) July 1, 2018, the annual salary of all circuit judges is $132,300 per year;
(2) July 1, 2019, the annual salary of all circuit judges is $135,607.50 per year;
(3) July 1, 2020, the annual salary of all circuit judges is $138,997.69 per year; and
(4) July 1, 2021, the annual salary of all circuit judges is $142,472.63.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and their staffs.
(a) A family court judge is
entitled to receive as compensation for his or her services an annual salary of
$62,500: Provided, That beginning July 1, 2005, a family court judge
is entitled to receive as compensation for his or her services an annual salary
of $82,500: Provided, however, That beginning July 1, 2011, the annual
salary of a family court judge shall be $94,500. However, beginning:
(1) July 1, 2018, the annual salary of a family court judge is $101,115;
(2) July 1, 2019, the annual salary of a family court judge is $103,642.88;
(3) July 1, 2020, the annual salary of a family court judge is $106,233.95; and
(4) July 1, 2021, the annual salary of a family court judge is $108,889.80.
(b) The secretary-clerk of
the family court judge is appointed by the family court judge and serves at his
or her will and pleasure. The secretary-clerk of the family court judge is
entitled to receive an annual salary of $27,036: Provided, That on and
after July 1, 2006, The annual salary of the secretary-clerk shall be
established by the Administrative Director of the Supreme Court of Appeals, but
may not exceed $35,000. In addition, any person employed as a secretary-clerk
to a family court judge on the effective date of the enactment of this section
during the sixth extraordinary session of the Legislature in the year 2001 who
is receiving an additional $500 per year up to 10 years of a certain period of
prior employment under the provisions of the prior enactment of §51-2A-8 of
this code during the second extraordinary session of the Legislature in the
year 1999 shall continue to receive such additional amount. Further, the
secretary-clerk will shall receive such percentage or
proportional salary increases as may be provided by general law for other
public employees and is entitled to receive the annual incremental salary
increase as provided in §5-5-1 et seq. of this code.
(c) The family court judge
may employ not more than one family case coordinator who serves at his or her
will and pleasure. The annual salary of the family case coordinator of the
family court judge shall be established by the Administrative Director of the
Supreme Court of Appeals but may not exceed $36,000: Provided, That
on and after July 1, 2006, the annual salary of the family case coordinator of
the family court judge may not exceed $46,060. The family case coordinator will
shall receive such percentage or proportional salary increases as may be
provided by general law for other public employees and is entitled to receive
the annual incremental salary increase as provided in §5-5-1 et seq. of
this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the Director of the Administrative Office of the Supreme Court of Appeals.
(f) Family court judges and
members of their staffs are allowed their actual and necessary expenses
incurred in the performance of their duties. The expenses and compensation will
be determined and paid by the Director of the Administrative Office of the
Supreme Court of Appeals under such guidelines as he or she may
prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court judges are not eligible to participate in the retirement system for judges under the provisions of §51-9-1 et seq. of this code.
NOTE: The purpose of this bill is to increase the salaries of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges, and magistrates by enacting into law the recommendations contained in the 2017 Final Report of the West Virginia Judicial Compensation Commission.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
