West Virginia: bill would specify governor’s power to furloughs employees, including court employees & judges

In February after the state’s credit was downgraded, West Virginia’s Governor asked the legislature for a bill to allow him to furlough employees. An amended version of the Senate bill (SB 446) was approved by the full Senate earlier today.

The bill as introduced, and its House counterpart (HB 2879), was unclear about the power of the governor to furlough judicial employees. (“The furlough must be inclusive of all employees within a designated department, agency, division, office, or program, regardless of the source of funds, place of work, or classification.”)

Under the bill as committee amended and approved by the Senate, the process for judicial furloughs would be out of the governor’s control. Specifically:

  1. The governor is expressly prohibited from ordering a furlough of constitutional officers, employees of constitutional officers, or members or employees of the judicial branch.
  2. When the Governor declares a fiscal emergency pursuant to SB 446, the Supreme Court of Appeals shall have authority to furlough employees and personnel of the judiciary under the Supreme Court of Appeals, including employees and personnel of the circuit courts, family courts and magistrate courts.
  3. Furloughs shall not be employed so as to completely close a court or court office.
  4. Nothing in the section of SB 446 discussing furloughs of judicial branch employees “shall be construed as granting authority for the furlough of elected judicial officers, nor shall it be construed as restricting or otherwise limiting the plenary authority of the Supreme Court of Appeals or the lower courts.”

SB 446 as amended was approved by the Senate 23-11 and is now on its way to the House.