CHARLESTON, W.Va. — A bill that could ultimately change the number of magistrates in West Virginia gained final approval from the state legislature late Saturday night.
The bill, HB 2910, that originally passed the House of Delegates earlier in the session would have allocated magistrates by population but the final version of the bill deleted that language and calls for the state Supreme Court to commission a caseload study and turn the information over to lawmakers before next year’s regular season.
Senate Judiciary Committee Chairman Charles Trump, R-Morgan, said the bill spells out that after the caseload study magistrates can be added. There can be no more than 170 magistrates throughout the state and the current number of magistrates, 158, cannot be reduced.
Trump said the bill also asks the Supreme Court to develop a rule to allow some magistrates to operate regionally.
“This would allow a larger pool of magistrates that could undertake those things (certain cases) after hours for the entire region or circuits,” Trump said.
The cases that regional magistrates would handle would include initial appearances, domestic violence petitions, emergency protective orders, emergency mental hygiene petitions, emergency juvenile petitions and application for search warrants.
Senator Mark Maynard, R-Wayne, thanked Trump for changing the original House bill that would have reduced the number of magistrates in some counties.
“It doesn’t decrease magistrates but it also allowing expansion for the counties that do need magistrates,” Maynard said.
The bill does add a magistrate for Berkeley County beginning this July 1.