West Virginia § 50-1-8 Magistrate court clerks; salaries; duties; duties of circuit clerk

West Virginia Statutes

§ 50-1-8 — Magistrate court clerks; salaries; duties; duties of circuit clerk

West Virginia § 50-1-8

Ch. 50MAGISTRATE COURTS

Art. 1COURTS AND OFFICERS

This text of West Virginia § 50-1-8 (Magistrate court clerks; salaries; duties; duties of circuit clerk) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 50-1-8 (2026).

Text

(a)In each county having three or more magistrates, 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, shall appoint a magistrate court clerk. In all other counties the judge may appoint a magistrate court clerk or may, by rule, require the duties of the magistrate court clerk to be performed by the clerk of the circuit court, in which event the circuit court clerk is entitled to additional compensation in the amount of $2,500 per year. The magistrate court clerk serves at the will and pleasure of the circuit judge.

(b)Magistrate court clerks shall be paid at least twice per month by the state. The annual salary of all magistrate court clerks is $52,296. Beginning July 1, 2023, the annual salary of a magistrate c

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(a) In each county having three or more magistrates, 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, shall appoint a magistrate court clerk. In all other counties the judge may appoint a magistrate court clerk or may, by rule, require the duties of the magistrate court clerk to be performed by the clerk of the circuit court, in which event the circuit court clerk is entitled to additional compensation in the amount of $2,500 per year. The magistrate court clerk serves at the will and pleasure of the circuit judge.

(b) Magistrate court clerks shall be paid at least twice per month by the state. The annual salary of all magistrate court clerks is $52,296. Beginning July 1, 2023, the annual salary of a magistrate court clerk shall be $54,596. Magistrate court clerks may receive any 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, implemented after July 1, 2023.

(c) In addition to other duties that may be imposed by the provisions of this chapter or by the rules of the Supreme Court of Appeals or 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, it is the duty of the magistrate court clerk to establish and maintain appropriate dockets and records in a centralized system for the magistrate court, to assist in the preparation of the reports required of the court and to carry out on behalf of the magistrates or chief magistrate if a chief magistrate is appointed, the administrative duties of the court.

(d) The magistrate court clerk, or if there is no magistrate court clerk in the county, the clerk of the circuit court, may issue all manner of civil process and require the enforcement of subpoenas and subpoenas duces tecum in magistrate court.

Legislative History

2025 Reg. Sess., HB2566; 2024 Reg. Sess., HB5257; 2023 Reg. Sess., HB3331; 2023 Reg. Sess., HB3332; 2017 Reg. Sess., SB523; 2017 Reg. Sess., SB1003; 2013 Reg. Sess., HB2434; 2013 Reg. Sess., SB378; 2012 Reg. Sess., HB4392; 2006 Reg. Sess., HB2235; 2004 Reg. Sess., HB4123; 2001 Reg. Sess., SB217; 2001 Reg. Sess., SB2; 1987 Reg. Sess., HB2498; 1986 Reg. Sess., HB1140; 1986 Reg. Sess., HB1478; 1984 Reg. Sess., HB1465; 1981 Reg. Sess., HB1559; 1980 Reg. Sess., HB1334; 1978 Reg. Sess., HB934; 1976 Reg. Sess., HB1087