Rule 8 - Expenditures from magistrate court fundA county may appropriate and spend from the magistrate court fund such sums as may be available for providing the following services:
(a)Bailiff for magistrate court. The county may charge the fund $35.00 per day for each day a bailiff is needed in magistrate court, and the sheriff may charge the fund $.15 per mile for transporting prisoners from magistrate court to the county or regional jail. Sums for bailiff services and mileage may properly be charged only after a voucher for the same has been submitted to, and approved by, the chief judge or his designee.(b)Magistrate court office rental.(1)Privately owned facilities. -The county may charge the fund the actual rental expenses incurred in obtaining office space for the magistrates and their support staff.(2)County owned facilities.(A)Rate.- The county may charge the fund an annual rate of $6.00 per square foot, payable in monthly installments, which will include the cost of utilities and the monthly base telephone rate.(B)Improvements to heating and air-conditioning. If the magistrate court system is housed in county-owned buildings and the heating and air-conditioning systems in the space allocated to the magistrate court system are not adequate, the supervising circuit judge may direct the county commission to improve or replace the systems, and may charge the costs, on a pro rata basis, to the fund.(c)Utilities and telephone service in magistrate offices.(1)General. The county may charge the fund the actual cost for providing utilities and telephone service for the magistrate court system.(2)Long-distance and paging expense. All long-distance calls made on behalf of the magistrate court system may be charged to the fund and are not included in the $6.00 per square foot rental cost. The cost of paging system for magistrates is considered an extension of the long-distance telephone service, and the cost of the system may be charged to the fund.(d)Telephone service for magistrates. - A magistrate may choose to be reimbursed for either a landline telephone in their home or a cellular telephone, but not both. The base monthly telephone bill for telephones in the homes of magistrates is a reimbursable expense to the magistrate, paid by the county and chargeable to the magistrate court fund. The base monthly rate shall include only the cost to lease a basic service telephone on a single private line. Reimbursement may be made for the base monthly charge only, and magistrates may not be reimbursed for long-distance charges, extension telephones, or other ancillary services. Magistrates may be reimbursed only upon completion of a "Certification of Entitlement" stating the telephone number of such personal telephone and affirming that it is a listed number available to the general public. Such "Certification of Entitlement" shall be filed with the Administrative Director of the Supreme Court of Appeals, who shall provide the certification with the signed approval of the Administrative Director to the county commission of each magistrate's county.
The cellular telephone reimbursable expense shall be no more than $29.99 per month for basic cost of cellular telephone. The county shall not be required to reimburse magistrates for a minute plan or other ancillary services.
(e)Janitorial services. The cost of providing janitorial services and cleaning supplies in either a county-owned or leased building may be charged to the fund.(f)Parking. If parking for the magistrate court staff and the public is otherwise unavailable, then the cost of providing adequate parking spaces for the public and the staff of the magistrate court may be charged to the fund.(g)Exceptions. Whenever unique circumstances justify exceptions to any provision of this rule, such exceptions may be made in writing by the Administrative Director to any county commission.W.va. R. Admin. Magist. Ct. 8
As amended by order entered December 15, 1988, effective 1/1/1989; by order entered 7/1/1991, effective 8/1/1991; and by order entered 12/19/1991, effective 1/1/1992; amended by order entered February 1, 2019, effective 2/1/2019.