West Virginia Supreme Court March 22, 1985, No. 16511 (State ex rel. West Virginia Magistrates Ass'n v. Gainer)

NEELY, Chief Justice:

Today we revisit one of the issues raised but not decided in Donaldson v. Gainer, 170 W.Va. 300, 294 S.E.2d 103 (1982). In syllabus point 4 of Donaldson, we held that equal protection requires that magistrates receive equal pay for equal work, but we declined to declare the current pay system for magistrates (which is based on the number of people a magistrate serves)