CHARLESTON – The first judges for the state’s new intermediate appellate court have been selected.
Those judges will be Thomas Scarr, Dan Greear and Donald Nickerson Jr. Scarr will serve a 2.5-year term that will end December 31, 2024. Greear will serve a 4.5-year term that will end December 31, 2026. Nickerson will serve a 6.5-year term that will end December 31, 2028.
Gov. Jim Justice announced his picks during a December 28 virtual press briefing.
“This is an incredible step that reflects the values of West Virginians,” Justice said. “This makes West Virginia more and more business friendly … more attractive to people who want to come to West Virginia.
“I’ve tried to champion judicial reform in West Virginia. West Virginia needed this so badly. We need to have the courts reflect the views of the West Virginia people more than anything.”
Scarr is an attorney with Jenkins Fenstermaker in Huntington. His online bio touts his extensive experience in civil litigation as well as labor/employment, white collar criminal defense, commercial and construction disputes, personal injury litigation. premises liability disputes, product liability and toxic tort cases and medical, legal, accounting, and other professional liability matters. He’s the president-elect of the West Virginia State Bar.
He also has experience before state and federal courts as well as administrative bodies such as the National Labor Relations Board, the Occupational Safety and Health Administration, the Equal Employment Opportunity Commission and the West Virginia Human Rights Commission.
Scarr earned his bachelor’s degree from the University of Virginia and his law degree from The College of William & Mary’s Marshall Wythe School of Law.
Scarr called the appointment “a great honor.”
“I’m looking forward to working with the other judges and the Supreme Court to establish this court,” Scarr said during Tuesday’s briefing.
Greear is chief counsel to House of Delegates Speaker Roger Hanshaw. He previously served as chief of staff for the House in 2014, before being selected as an interim Kanawha Circuit Court judge in 2018 before returning to the House as chief counsel later that year.
He also is a former member of the House of Delegates and has run for circuit judge and attorney general. His legislative colleagues say Greear has contributed to nearly every major piece of legislation considered by the House since his arrival in a professional role.
Greear earned his bachelor’s degree from Liberty University and his law degree from West Virginia University.
Greear thanked the governor for the honor.
“I look forward to working with my fellow judges at the Supreme Court and the Legislature,” he said during the briefing. “I look forward to serving the people of West Virginia.”
Nickerson is an attorney at Spilman Thomas & Battle in Wheeling, where he primarily practices corporate and business law. He also practices trust and estate planning and administration.
Earlier in his career, Nickerson was a legal intern for Judge Alan E. Norris with the U.S. Court of Appeals for the Sixth Circuit, served as a municipal court judge in Wheeling and is currently an Ohio County commissioner.
Nickerson earned his bachelor’s degree from West Liberty University and his law degree from Capital University.
Nickerson said he was humbled by his selection.
“I pledge to work very hard to make this court a success, and I promise to be ethical like I have been my entire career,” Nickerson said during Tuesday’s briefing.
The state Judicial Vacancy Advisory Commission sent a letter with the recommendations December 20.
The other names submitted for the 2.5-year term were Greear and former Greenbrier Circuit Judge and legislator Jim Rowe. The other names suggested for the 4.5-year term were attorney Robert Frank of Lewisburg and 23rd Circuit Family Court Judge Deanna Ray Rock. The other names submitted for the 6.5-year term were former Monongalia Circuit Judge Debra Scudiere and Putnam County Prosecuting Attorney Mark Sorsaia.
The JVAC interviewed 23 candidates over two days earlier this month. The others interviewed were John J. Balenovich, S. Benjamin Bryant, Jim Douglas, Edward Ryan Kennedy, Joseph L. Ludovici, Howard R. Nolen, Ronald Reece, Mychal Sommer Schulz, Martin P. Sheehan, Christine B. Stump, Charles Darren Tallman, Harry C. Taylor II, Gregory Alan Tucker, Crystal L. Walden and Keith Bryant Walker.
In addition, two who had applied weren’t interviewed. One (William J. Stevens) withdrew his name from consideration and another (Jenna L. Robey) didn’t quite meet the qualifications.
The requirements are that the candidates be a resident of West Virginia for at least five years and a member of the State Bar for 10 years with at least five years of experience. The terms are for 10 years, and the salary for the three judges is $142,500 a year.
The new court begins work July 1. After these initial appointments, the non-partisan elections for the positions will be staggered as these first terms end.
On April 8, Justice signed Senate Bill 275 establishing the Intermediate Court of Appeals. The idea for such a court has been discussed for more than 10 years. The state Senate had passed similar legislation several times in recent years, but the House of Delegates never was on board until this session. Justice had pushed for the bill during his annual State of the State address.
The passed version of the bill called for only one district and trimmed the estimated initial budget from nearly $8 million to about $3.6 million and the continuing annual cost from about $5.7 million to $2.1 million.
The new court will review civil cases between the circuit court and Supreme Court. It also will review workers’ comp cases and final orders from family courts.
