CHARLESTON – The state Senate Judiciary Committee has passed the bill to create an intermediate court of appeals.
Following a three-hour hearing February 16, the committee passed the bill and sent it to Senate Finance Committee. If approved there, it then will go to the full Senate for consideration.
Proposals similar to Senate Bill 275 have been introduced in each of the last three legislative sessions, but none of them have reached the governor’s desk. Last year, the bill was voted down by a slim margin in the House of Delegates on the penultimate day of the session.
During the Judiciary hearing, longtime supporters and critics of the measure aired their opinions again.
Those who support the bill say the new court would provide predictability to the state court system that, in turn, would draw more businesses to the state. Critics say the plan is too costly and unnecessary, creating another level of bureaucracy that would benefit big business
“We’ve fought the intermediate court bill for several years,” Senator Mike Romano (D-Harrison) said. “I still don’t like it.”
Romano said the state court system’s current workload, especially that of the state Supreme Court, doesn’t justify creating another court.
“We believe it’s an unnecessary expansion of government and our tax dollars could be better spent elsewhere,” said Anthony Majestro, an attorney who been an outspoken critic of the proposed court for years.
Attorney Danielle Waltz supports the creation of the intermediate court. She says it would ensure a full review of cases. She also noted that West Virginia is the largest state without an intermediate court.
“This bill would modernize West Virginia’s court system,” Waltz said. “It would bring West Virginia in line with the 40 other states that have an intermediate court. … It allows for development of law to provide for predictability for litigants on both sides of cases.”
A fiscal note from the state Supreme Court says the creation of the court would cost $7.61 million.
The intermediate court would have two districts (likely northern and southern) with three judges each. They first would be appointed by the governor in 2022, but elected starting in 2024. The terms would be for 10 years. The court would begin hearing cases in 2022.
Cases that would be automatically appealed to the court include criminal, juvenile, child abuse and neglect, mental hygiene cases and certified questions of law.
The court could possibly hear appeals for judgments in civil cases, judgments from family courts, judgments regarding guardianship and conservatorship, judgments of administrative appeals, decisions regarding certificates of need from the West Virginia Healthcare Authority and orders from the Workers’ Compensation Board of Review.