? June 29, 2004

J. Patrick Law, Superintendent
Pocahontas County Schools
926 Fifth Avenue
Marlinton, WV 24954

Dear Superintendent Law:

I am in receipt of your request for a Superintendent's Interpretation regarding West Virginia Code 18A-5-3, exemption from jury service. Specifically, you ask:

Is it correct that when an employee serves as a juror and is paid by the court . . . [that] we deduct the amount paid by the court from his or her daily rate of pay from the Pocahontas County Schools and pay him or her the difference?

West Virginia Code 18A-5-3 states:

"Notwithstanding any other provision of law, professional personnel and other persons actively engaged in school work in this State shall be required to serve on any jury during the period of his contract with a board of education unless excused therefrom by judge of the court. In the case of service on a jury the board shall pay the difference between that allowed for such jury service and the amount of salary due the person for such period of time."

I believe the clear intent of the statute is for a county board of education to deduct the amount the employee receives from a court for service on a jury from the amount of salary due to the employee by the board of education, thus paying the employee the difference.

Hoping that I have been of service, I am
Sincerely,

/s/

David Stewart
State Superintendent of Schools