“Will this be the year that West Virginia finally gets an intermediate appellate court?”
That was the question we posed in an editorial two weeks ago. The answer, we now know and are sad to report, is no.
A month ago, our state Senate passed a bill to establish the court. Had the House followed suit, we’d have gotten the court that so many West Virginia civic leaders think would improve our business environment and help revitalize our economy.
The House, however, did not follow suit. By a vote of 56-44, the lower chamber rejected the measure. It’s only a six-vote margin, but it’s decisive.
So, that’s it for this year. We will not get the intermediate appellate court that so many other states have, that former Gov. Joe Manchin’s Independent Commission on Judicial Reform recommended establishing more than a decade ago, and for which bills to authorize have been introduced in the Legislature year after year after year.
Opponents say it’s not needed. Supporters say it is. After not being so sure in years past, House Judiciary Committee Chairman John Shott (R-Mercer) now is one of the latter.
“Everyone is entitled to a full and meaningful right of appeal, and we’re told we have that now. And we do,” Shott concedes. “But it’s based on a whim. Three members of that (Supreme) Court, at any time, can change that rule.”
Who can deny that our state Supreme Court is whimsical at times?
“Our constitution gives us a path to a clear right of appeal. We’re authorized to create an intermediate court of appeals,” Shott continues. “It’s long past time for us to implement an intermediate court of appeals and fully guarantee our constituents a full and meaningful right of appeal.”
Maybe we should apply the reasoning of U.S. House Speaker Nancy Pelosi and establish the court so we can tell if we need it? If it turns out we don’t, then we can get rid of it. Maybe next year?