CHARLESTON – The Senate Judiciary Committee has begun discussions of a bill to create an intermediate court of appeals in West Virginia at a hearing.
During the Jan. 29 hearing, senators asked questions regarding the creation of the court, including the staggering of appointments of judges, the length of the judges’ terms and whether or not this type of court would add an “extra layer” of appeals for some state agencies.
Currently, the bill sets a term limit of 10 years for judges. Committee members suggested shorter term limits. They also suggested staggering the judges terms in the beginning so judges would not all be up for re-appointment at the same time.
Senators questioned the need for the court, stating that states of similar size to West Virginia did not have intermediate courts of appeals, whereas larger states did.
Danielle Waltz of Jackson Kelly, who was in attendance representing the U.S. Chamber Institute for Legal Reform, said West Virginia is the largest in population of the nine states that do not have intermediate courts of appeals. The U.S. Chamber ILR owns The West Virginia Record.
The committee adjourned after listening to the discussion on the bill.
Sen. Ryan Ferns (R-Ohio) and Sen. Patricia Rucker (R-Berkeley) introduced Senate Bill 341 on Jan. 23. It was referred first to the Senate Judiciary Committee then to Senate Finance.
The bill would create the new court, provide for how it is set up and operated, provide for the election of the judges, set up districts, establish qualifications and jurisdictions and provide the budget for the court.
The bill would require the court to be operational by July 1, 2019, and would require Gov. Jim Justice to make initial appointments by July 1 of this year.
Similar bills have been introduced before, including last session. It’s been a topic at the statehouse since at least 2009 when a commission created by former Gov. Joe Manchin proposed it. In 2011, a similar bill said the intermediate court would cost the state about $5 million per year.