THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

ADMINISTRATIVE ORDER:

INCREASE IN REIMBURSEMENT TO JURORS

        WHEREAS, the Supreme Court of Appeals of West Virginia is required to reimburse jurors for jury duty pursuant to W.Va. Code § 52-1-17; and

        WHEREAS, by previous Administrative Order of this Court entered on the 6^th day of October, 2000, juror fees were increased to twenty dollars per day effective January 1, 2001, and to increase by an additional five dollars on January 1 of each subsequent year, until the reimbursement to jurors reaches forty dollars per day; and

        WHEREAS, pursuant to the provisions of W.Va. Code § 52-1-17, juror fees in excess of twenty dollars per day have been granted without the prior approval of this Court, and in consideration of the importance of jurors’ service to the administration of justice in both the magistrate and circuit courts of West Virginia, and in consideration of the substantial personal sacrifice of time and money which jurors incur in discharging this civic duty to their State and their fellow citizens, the Court has reconsidered its previous Order;

        IT IS THEREFORE ORDERED that reimbursement to jurors for their service in magistrate and/or circuit court be, and it hereby is, increased from twenty dollars per day to forty dollars per day effective November 8, 2001, the date on which this order is made; and

        IT IS FURTHER ORDERED that court costs, including payment of juror fees, are to be assessed by the trial court only at the conclusion of a case and in conformity with the provisions of W.Va. Code § 52-1-17(c); and

        IT IS FURTHER ORDERED that private agreements between or among the parties, pro se or by counsel, as to the payment or division of juror fees shall not be published to the public or the jurors during the pendency of the proceedings prior to the receipt of the jury verdict, and shall be subject to approval, modification or rejection by the trial court, and no such agreement shall provide for juror compensation in excess of that provided for in W.Va. Code, § 52-1-17 and this Order; and

          IT IS FURTHER ORDERED that, with due regard to the provisions of Section 38, Article VI of our Constitution, juror fees in excess of twenty dollars per day ordered by a trial court prior to November 8, 2001, under W.Va. Code § 52-1-17, shall be reimbursed to the county wherein such fees were incurred only with respect to jury service rendered on and after the date of the entry of the trial court order setting fees in excess of twenty dollars; and

        IT IS FURTHER ORDERED that copies of this Order be disseminated to all circuit judges, magistrates, circuit clerks, magistrate clerks and sheriffs; and

        IT IS FURTHER ORDERED that the Administrative Director, or her designee, may issue directives regarding procedures which are to be followed to effectuate the purposes of this ORDER.

        Justice Davis, deeming herself disqualified, did not participate in the Court’s discussion of this issue or the decision of the Court.

ENTERED this 8^th day of November, 2001.