His oldest daughter, Heather, is a doctor in Lewisburg, and his youngest, Megan, is the office manager for Hillcrest Veterinary Clinic.
Clarksburg Morgantown. Facebook Twitter. As a senior status judge, Clawges can be assigned by the chief justice to replace judges that are ill, suspended or unable to hear a specific case, he said Clawges is a Monongalia County native and has lived here his entire life, except the four years he spent in Columbus, Ohio, as a JAG officer in the United States Air Force — a result of his membership in ROTC as an undergrad, he said. Expanding his role as a teacher at WVU is also a possibility, Clawges said. He currently teaches a class called court testimony, which teaches forensic students how to testify in court as expert witnesses.
Description Submit Cancel. Thank you! We will use this information to improve our records. This item is available on microfilm at this family history center. Thereafter is the following additional language of Section If the county court determines that such assessed valuation is within the minimum and maximum limits of a class above or below those of the classification then current, it shall record the new classification of the county with the state auditor and state tax commissioner and record its action on its county court record.
If a county court fails to record a new classification or fails to determine a new classification, the classification of the county for the current fiscal year shall be and remain its classification for the next fiscal year following except as provided in the next succeeding paragraph. He shall determine if the classification of each county is correct based on the final assessed valuation of property, all classes, certified to him by the county assessor, state auditor and county clerk. If the state tax commissioner finds that a county is incorrectly classified he shall notify the county court of that county promptly of his finding and in any case shall notify the county court prior to June thirtieth of that current fiscal year.
Any county court so notified shall correct its classification immediately and make any necessary corrections in the salaries of its elected county officials for the next fiscal year. Section 4 specifies the minimum and the maximum range of salaries to be paid in each county to the county commissioners, the sheriff, the county clerk, the circuit clerk and the prosecuting attorney, and contains the following additional language:. Section 5 relates to "compensation" to be paid to county commissioners.
It includes the following language:. The compensation of a county court member shall never be fixed in an amount less than the minimum limit or more than the maximum limit in effect for the class in which that county is for that fiscal year.
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Each county court shall enter its order upon its county court record. Section 6 deals with "compensation" to be paid to elected county officials other than the county commissioners as follows:. The compensation of an elected county official shall never be fixed in an amount less than the minimum limit or more than the maximum limit in effect for the class in which that county is for the fiscal year involved. The compensation shall be reasonable and proper and due consideration shall be given to the duties, responsibilities and the work required of these elected county officials: Provided , that any county clerk, circuit clerk, joint clerk of the county and circuit court, if any, county assessor, sheriff and prosecuting attorney in a Class I county shall devote full time to his public duties to the exclusion of any other employment, and any county clerk, circuit clerk, joint clerk of the county and circuit court, if any, county assessor, sheriff and prosecuting attorney in a Class II county receiving at least eighty percent of the maximum compensation shall devote full time to his public duties to the exclusion of any other employment.
We are of the opinion that the provisions of the Act which we have previously quoted, and particularly portions thereof which have been italicized in this opinion, clearly disclose a legislative intent and purpose to confer upon county courts authority and power to increase the salaries of county officials during the terms of office to which they have been elected and to increase such salaries, from time to time on a fiscal year basis. The brief of counsel for the respondents admits, at least tacitly, that such was the intent and purpose of the legislature, and that such legislative intent and purpose are made manifest by the language of the Act.
Counsel for the respondents contends that it is the duty of the Court in this case to give effect to the legislative intent thus clearly expressed.
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In that connection, counsel relies upon principles stated in Pond Creek Pocahontas Company v. Alexander , W. The contention thus made by counsel merely tends to substantiate and to fortify our opinion that the Act is unconstitutional in part for the reason that it manifestly undertakes to confer upon the county courts of the state authority to increase salaries of elected county officials during the terms of office for which they were elected.
The legislature has no unrestricted power to do so and obviously the legislature cannot confer such power or authority upon the county courts of the state. Counsel for the respondents contends that the Act is not violative of the constitutional inhibition against increasing salaries of public officers during their terms of office for the reason that the Act imposes new and additional duties upon the respondents and other county officials of the state in that Section 2 requires county officials to participate in "in-service training programs.
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Springer was elected to the office of county superintendent of schools of Ohio County and entered upon the discharge of his official duties on July 1, Thereafter, in , the County Unit School Law was enacted by the legislature and, as a consequence thereof, the nature of Springer's office was transformed and his official duties were vastly increased as stated by the Court in the opinion in that case.
By reason of the legislative enactment, Springer's duties were changed from a more or less perfunctory supervision of the schools of a small portion of the county to an official position involving increased duties on a countywide basis. We are of the opinion that the Springer case is clearly distinguishable from the instant case.
The requirement of the Act that county officials participate in "in-service training programs" does not impose upon the respondents or other county officials duties which embrace a new field beyond the scope and range of the several offices as they existed and functioned theretofore.
Rather, we believe, the requirement of participation in "in-service training programs" represent an incident of the various county offices as they existed prior to July 1, It is to be expected that all county officials, including these respondents, will be interested in constantly improving their fitness for the efficient performance of the duties of the offices to which they have been elected. It appears from the various briefs of counsel in this case that county officials, prior to July 1, , participated upon a voluntary basis in programs designed to enable them more effectively to perform the duties of their several official positions and that they were reimbursed for reasonable expenses which they incurred in that connection.
For reasons stated, we are of the opinion that the provisions in Section 2 of the Act requiring county officers to participate in "in-service training programs" did not impose upon the respondents or other county officials similarly situated new and additional duties of such nature or character as to warrant an increase in their salaries during the terms of the several offices to which they were previously elected.
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Section 20 of the Act contains a "severability" provision in customary legislative language. It is settled by many prior decisions of this Court that, if the unconstitutional portions of a statutory enactment are clearly distinct and separable from the remaining portions of the enactment, the constitutional invalidity of the separable portion will be held not to affect the validity of the remaining portion thereof, if the remaining portion is complete in itself, is capable of being executed independently of the constitutionally invalid portion, and is valid in other respects.
In such circumstances, the remaining portion will be upheld and will not be regarded as invalid. State ex rel. State Building Commission of West Virginia v. Bailey , W.
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Heston , W. Brown , W. See also Robertson v.
Hatcher , W. The portions of the Act with which we are primarily concerned in this case are the portions thereof which amended and partially reenacted the provisions of Article 7 of Chapter 7 of Code, , as previously amended. Therefore, references hereafter in this opinion will be made to the various sections of Article 7 of Chapter 7 of Code, , as amended and reenacted by the Act. In the brief amicus curiae filed in behalf of the County Court of Cabell County, counsel apparently asserts that only Sections 1, 2, 3, 4, 5 and 6 of Article 7 of Chapter 7, as designated in the Act, are violative of the constitutional inhibition against increasing or diminishing the salary of any public officer during his term of office; that such unconstitutional provisions are separable from the remaining portions of the Act; and that such remaining portions, being Sections 7 to and including Section 20, are not violative of the constitutional provision in question.
The brief amicus curiae filed in behalf of the State Tax Commissioner apparently agrees with the views expressed in this respect, except that the brief amicus curiae filed in behalf of the State Tax Commissioner asserts that the provisions of Section 2, relating to "in-service training programs" for county officials, are clearly separable from any portion of the Act which might properly be held in this case to be unconstitutional and that, therefore, Section 2 should be held not to be unconstitutional. We agree with this contention. The "in-service training programs" prescribed by Section 2 are mere incidents of the duties of the county officials as such duties existed prior to July 1, These statutory provisions do not embrace a new field, beyond the scope and range of the official positions as they theretofore existed and functioned, and they are unrelated to the provisions of the Act which dealt with increases in salaries of county officials.
For reasons stated in this opinion, the Court holds that Sections 1, 3, 4, 5 and 6 of Article 7 of Chapter 7, Code, , as amended and reenacted by the Act, are violative of the provisions of Section 38 of Article VI of the Constitution of West Virginia. Portions of the enacting clause of the Act which specifically repealed the following preexisting provisions of Code, , as amended, relating to the prescribed salaries of county officials, are inseparable from the unconstitutional portions of the Act to which reference has been made previously in this opinion and are therefore unconstitutional and invalid: 1 to 54 , inclusive, relating to salaries of county commissioners; and 1 to 55 , inclusive, relating to salaries of assessors.
The Act amended and reenacted the provisions of Article 7, Chapter 7, Code, , as previously amended, by omitting and deleting the following provisions: and 1 to 55 , inclusive, relating to salaries of sheriffs; and 1 to 52 , inclusive, relating to salaries of county clerks; and 1 to 52 , inclusive, relating to salaries of circuit clerks; , relating to salaries of joint clerks of county courts and circuit courts; and 1 to 55 , inclusive, relating to salaries of prosecuting attorneys. To the extent that all these preexisting statutes relating to salaries of county officials have been repealed, the Act is violative of the provisions of Section 38 of Article VI of the Constitution of West Virginia.
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