MORGANTOWN, W.Va. After years of effort, Monongalia County has added a fifth magistrate, and in May 2024, voters will elect a sixth that will be sworn in in January 2025.
Along with a team of local lawmakers, State Senator Mike Oliverio, R-Monongalia, 13, has worked on the issue since the 2000s, after the fifth magistrate in the county was moved to Mercer County. Over the last two decades, there have been many promising attempts in the legislature that fizzled out as the area continued to grow at a rapid rate.
“In the last 30 years, our county has grown 50 percent,” Oliverio said. “We were in the 70,000 range to now about 110,000—50 percent growth.”
A recent study done by Magistrate Ron Bane showed the four magistrates handled 6,500 cases in 2021, and that number ballooned to 6,700 in 2022. The case load results in docket delays and forces magistrates to operate at a pace they believe is too fast to properly serve the public.
The courts handle protective orders, felony cases, misdemeanors, preliminary examinations and civil disputes less than $10,000.
“Our magistrates were having to rush through things. They didn’t have enough time to really evaluate these cases,” Oliverio said. “Sometimes mistakes are made, and when a magistrate makes a mistake, it can be life or death.”
After years of efforts, Monongalia County Delegates Joe Statler, Geno Chiarelli, Debbie Warner, Evan Hansen, and Danielle Walker introduced House Bill 3174, which was passed in the most recent legislative session. The bill adds the fifth magistrate on July 1, 2023, and allows voters to elect the sixth during the May 2024 election.
“This fifth magistrate being added, Ponch Reyes, will improve the rotation of the magistrates, giving them more time,” Oliverio said. “Not much cost to the county—the county had to buy a few computers and remodel a room.”
To help make the case, Oliverio said he shared the data with officials from the West Virginia Supreme Court, who acknowledged the need for help. The agreement, 20 years in the making, was reached with about 10 days remaining in the 2023 legislative session, ending years of frustration.
“So, for the first 18 months that we have this extra magistrate ahead of all the other counties, the Supreme Court is going to absorb that into their budget, and that will really help us,” Oliverio said.
In May 2024, all six magistrates will be on the ballot in non-geographical divisions head-to-head to fill the seats on the bench. The filing period for judicial candidates is from January 8 through January 27, 2024.
“We had four magistrates up until July 1, and we have five now, and by January 1, 2025, we will have our sixth magistrate in place,” Oliverio said.