CHARLESTON — Don Nickerson, one of three men recently appointed to serve as a judge on the state’s new intermediate appellate court, has decided to withdraw from the position.
Nickerson, a Wheeling attorney, had been appointed by Gov. Jim Justice in December to the position, which would have lasted to 2028. The seat then would be on the ballot.
“He’s offered up his resignation and we’ll have to make another appointment for his position,” Justice said during a Friday press event, “We’ll do that right away.”
Nickerson told The Wheeling Intelligencer the job wasn’t a good fit for his family.
“I was not in a position to move to Charleston. I did not contemplate that is what I would have to do,” Nickerson told the newspaper. “It was a very difficult decision, but the right decision for my family.”
The court is set to begin July 1. The three judges were set to be sworn in May 1. Dan Greear from South Charleston and Thomas Scarr from Barboursville are the other two judges
The new court, which was created during last year’s legislative session, will hear appeals of civil cases, family courts except domestic violence cases, state agencies or administrative law judges and workers’ compensation appeals.
It currently is unclear how Nickerson’s replacement will be selected. Justice could select a name from those recommended to him for the posts by the Judicial Vacancy Advisory Commission, or he could pick one from the 25 who applied for the court.
