CHARLESTON — Chief Judge Thomas Scarr says the first full year of the Intermediate Court of Appeals was a great start for the court.
"We have a very interesting beginning," Scarr said in an interview with The West Virginia Record. "We got to play a role in the creation of the court, from the office to the courtroom, the chambers. We went from zero employees to about 36."
The judges and staff had to start from the ground up, as they were part of a brand-new court.
"We had the Supreme Court to use as a template, but this was a new court," Scarr said. "We had to figure out what works for us and we're all still learning."
Scarr said one unique part of the court is the satellite offices that litigants are able to use so they do not have to drive to Charleston for arguments.
"We have five remote offices, in Wetzel, Raleigh, Lewis, Morgan and Grant Counties," Scarr said. "While we don't travel to those offices, the litigants and those representing themselves can. Sometimes people are coming from the other side of the state and that's several hours. This gives them the opportunity to drive a shorter distance to present their arguments remotely."
Scarr said the satellite offices have worked out very well so far. he said of the 57 oral arguments since the court's beginning, they've had 11 where at least one party was at a remote location.
"We have even had them where one party was at one of the remote locations, and another party was at another remote location, while we were in Charleston," Scarr said. "It's such a unique part of this court that has really worked out well."
Scarr is chief judge of the court for 2024 and is the court's second chief judge. Judge Dan Greear was the first chief judge from the beginning of the court until the end of 2023. The judges will rotate the chief judge each year.
"I enjoy the administrative side of being the chief judge, so I am looking forward to all this year holds," Scarr said. "We work well together. The three of us bring different backgrounds to the court and we are a great team."
Scarr said they are always trying to find ways to improve things and work effectively.
"This helps us get a better idea of what resources we need and what we can do to speed things up while still making sure we're getting it right," Scarr said.
Since the court began, they have had approximately 930 appeals filed. The first several months after the court opened, they didn't have any cases filed, then they started to trickle in slowly.
"The total since Day 1 is about 930, so we're looking at an average of about 700 to 800 per year if that stays steady," Scarr said. "That's about 56 to 66 per month. I'm looking forward to seeing how that carries through in 2024."
Scarr said the court currently has an active docket of 41% civil appeals, 22% family court appeals, 20% workers' compensation claim appeals and 17% administrative appeals.
"Those numbers are always changing as cases are dismissed or decided," Scarr said. "Of the 930 cases that were appealed to us, about 550 have been decided and some of the rest have been dismissed for various reasons."
Scarr said of all the cases decided by the court, 116 have been appealed to the Supreme Court, but, so far, the Supreme Court has not done anything with those cases.
Scarr, whose term expires at the end of 2024, said he is looking forward to who will fill his spot next year. When the court was enacted, each of the judges was given a shorter, staggered term.
"Hopefully someone great is chosen by the people during the election," Scarr said. "We were appointed to get the court up and running and that's what we've done. I'll be 69 when my term ends and I don't really want to commit to a 10-year term."
Scarr said he's not sure what he'll do after the court, whether it's working at another law firm or elsewhere.
