CHARLESTON — Gov. Jim Justice is asking for a new list from the West Virginia Judicial Vacancy Advisory Commission to fill a seat on the West Virginia Intermediate Court of Appeals left by Don Nickerson, who withdrew from the seat last week.
"I strongly believe that, since it has been more than six months since the applications opened for this seat, it is responsible to begin the process over again," Justice said. "In that time, personal or professional circumstances may have changed for those who applied, and other people may decide to throw their hat in the ring."
Justice wants the application period to be reopened, which JVAC said it would do immediately and new applications have a deadline of April 15.
Anyone who previously applied for the seat in September can request to be reconsidered without needing to resubmit their application.
The request comes after Nickerson sent a letter of resignation to Justice, who had appointed him in December for a term of six-and-a-half years.
Even though Nickerson has not yet been sworn into the court, Justice must still choose from a list provided by the JVAC for his replacement.
Nickerson, a Wheeling attorney, offered his resignation after he realized it 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 Wheeling Intelligencer. “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.
