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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD9198198WHEREAS, the Commission on the Future of Virginia's Judicial System recommended that "an expanded range of magistrate services" be established using full-time magistrates in the Commonwealth; and
WHEREAS, the Commission reasoned that a full-time system would ensure that citizens in all jurisdictions would have equal access to qualified magistrate services and that such a system, if broadened to include arbitration of small claims, could help create a more effective judicial system; and
WHEREAS, many rural areas of the Commonwealth are currently experiencing trouble maintaining their employment levels in magistrate positions which are part time and compensated at a low level; and
WHEREAS, the lack of an adequately staffed and trained magistrate system is creating problems for law enforcement as well as the citizenry at large; and
WHEREAS, suggested requests for improvement have been logged with various public officials, such as, increasing office hours, having a better compensation package, conducting background investigations, and requiring legal experience and additional education and training for magistrates; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That [ a joint
subcommittee be established the Joint Legislative Audit and Review
Commission be requested ] to study Virginia's magistrate system. The study
shall include (i) determining the efficacy of establishing full-time
magistrate coverage across the Commonwealth, (ii) requiring certain
prerequisite experience and education along with preemployment training for
all magistrates, (iii) conducting background investigations in the same
manner as are conducted for other law-enforcement personnel, (iv) offering an
appropriate compensation package which both attracts and retains competent
personnel in magistrate positions, [ including the disparity in salaries, ]
(v) requiring legal education for all magistrates to be conducted on a
regular and continuing basis, and (vi) broadening the scope of a magistrate's
responsibilities, e.g., administrative license revocation and arbitration of
small claims.
[ The joint subcommittee shall consist of seven members, to be appointed
as follows: four members of the House of Delegates to be appointed by the
Speaker of the House; and three members of the Senate to be appointed by the
Senate Committee on Privileges and Elections.
The direct costs of this study shall not exceed $ 6,300.
The Division of Legislative Services shall provide staff support for the
study. Technical assistance shall be provided by the Office of the Executive
Secretary of the Supreme Court, if requested. All agencies of the
Commonwealth shall provide assistance to the joint subcommittee, upon
request.
The joint subcommittee shall complete its work in time to submit its
findings and recommendations to the Governor and the 1996 Session of the
General Assembly as provided in the procedures of the Division of Legislative
Automated Systems for the processing of legislative documents.
Implementation of this resolution is subject to subsequent approval and
certification by the Joint Rules Committee. The Committee may withhold
expenditures or delay the period for the conduct of the study.
The Commission is requested to include the findings and recommendations of this study in its report on the administration of justice, pursuant to Senate Joint Resolution No. 263 (1995), as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents. ]