State Ex Rel. Moody v. Gainer

BROTHERTON, Justice:

This proceeding in mandamus was filed by the magistrates from Lewis County alleging that the statute which sets their salaries, W.Va.Code § 50-1-3, violates the Equal Protection principles of both the United States and West Virginia Constitutions. West Virginia Code § 50-1-3 (1988) provides that magistrates serving populations of 10,000 or less be paid a salary of $19,000, while magistrates serving 10,000 to less than 15,000 in population and those serving 15,000 or more both receive $25,-125. 1 For purposes of determining the population served by each magistrate, the…