(a) The Legislature hereby finds that, according to the statistics compiled by the administrative office of the Supreme Court of Appeals of West Virginia, the caseload in the magistrate court of Berkeley County in the year 2020 was as follows:
Civil cases: 4,139
Criminal cases: 7,782
Total:11,921
With five elected magistrates in Berkeley County, each magistrate had a caseload of 2,384 cases in 2020. This caseload per magistrate is substantially higher than the statewide average total caseload of 957 cases per magistrate and is higher than the caseload per magistrate in any other county in West Virginia in 2020.
(b) Notwithstanding any other provisions of this article to the contrary, the allowable number of magistrates serving in the county of Berkeley as of March 1, 2022, shall be increased by one, effective July 1, 2022. The initial appointment for the position shall be made in accordance with the provisions of 50-1-6 of this code.
Structure West Virginia Code
Article 1. Courts and Officers
§50-1-1. Magistrate Court Created
§50-1-2. Number of Magistrates
§50-1-2a. Addition of Magistrate in Berkeley County
§50-1-3. Salaries of Magistrates
§50-1-5. Removal From Office; Disciplinary Procedures
§50-1-6. Vacancy in Office of Magistrate
§50-1-6a. Temporary Appointment of Retired Magistrates
§50-1-7. Chief Magistrates; Administrative Responsibility; Additional Duties
§50-1-8. Magistrate Court Clerks; Salaries; Duties; Duties of Circuit Clerk
§50-1-9. Magistrate Assistants; Salary; Duties
§50-1-9a. Magistrate Court Deputy Clerks; Duties; Salary
§50-1-9b. Appointment of Senior Magistrate Court Clerks
§50-1-10. Clerks, Deputy Clerks and Magistrate Assistants to Take Oath and Post Bond
§50-1-11. Offices for Magistrates; Location; Expenses; Copy of State Code
§50-1-12. Conduct of Office; Penalty
§50-1-13. Temporary Service Within or Outside of County
§50-1-14. Duties of Sheriff; Service of Process; Bailiff
§50-1-15. Transitional Provisions
§50-1-17. Reference to Justice of the Peace; Abolition of the Office of Constable