CHARLESTON – The state Senate has passed a bill to create an intermediate court of appeals.
Senate Bill 275 passed by a 19-15 vote February 24. It now heads to the House of Delegates, where a similar bill was voted down by a slim margin as the legislative session drew to a close. Such legislation has been introduced numerous times in recent years, but none of the bills have reached the governor’s desk.
Four Republicans – Amy Grady, Bill Hamilton, Patrick Martin and David Stover – joined Democrats to vote against the bill. It now heads to the House of Delegates for consideration, where similar efforts to create an intermediate court system have died in recent years.
Romano
| WVU photo
Senate Judiciary Chairman Charles Trump (R-Morgan) is a longtime proponent of the measure. He said the idea has been discussed since 2009 when then-Gov. Joe Manchin formed an independent commission to make recommendations about the state court system.
“The enactment of this bill is necessary for the future of West Virginia,” Trump said. “It’s long overdue. It has been recommended to this Legislature for years by legal scholars. It’s necessary to alleviate the caseload burdens of the current Supreme Court of Appeals.
“It’s necessary to allow our Supreme Court to spend its time focusing on the development of the law in areas and cases where that is necessary and required. As opposed to its current practice. It’s now reviewing every decision that is appealed to it and issuing an opinion. And, in my opinion, it’s not the most efficient and best use of the cons talent that we have in the East Wing on our Supreme Court of Appeals.
“Legal scholars have recommended this improvement in our judicial system,” Trump said. “It will, in my opinion, expedite the appellate process for litigants in West Virginia. If we enact this bill, it will speed appeals along. I think we’ll have people getting appellate decisions faster than they do now.”
Several Democratic senators spoke once more in opposition of the bill.
“This is an expansion of government,” Sen. Richard Lindsay (D-Kanawha) said. “I thought our conservatives were in opposition to an expansion of government. It’s not conservative. …
“There was a time when the intermediate court might have been viable, when not all appeals were considered by the state Supreme Court. But, the Supreme Court has reformed itself. Everyone now gets a decision.”
Sen. Mike Romano (D-Harrison) agreed with Lindsay.
“This is Groundhog Day all over again,” Mike Romano, D-Harrison, said. “I think the senator from Morgan (Trump) said this is his seventh time for it. And this is my seventh time opposing it.
“We’re about to waste $7 to $8 million a year. But, jump ahead 10 years. It goes by in the flash of an eye. Multiply that amount by 10.
“Think of what we could do in this state for the opioid epidemic, for hungry children, for education, for our roads. There are so many more important priorities in this state.”
Romano said he wonders why this bill comes up again and again.
“In 2010, the Supreme Court reformed itself. Every appeal gets an opinion. Every appeal gets consideration. Every appeal is decided on the merits.
“And those legal scholars, Supreme Court Justice Sandra Day O’Connor, reached her views on this in 2010. In 2008, we had almost 4,000 appeals in the West Virginia Supreme Court. Last year, there were barely 1,100.”
During a February 23 Senate Finance Committee budget presentation, Chief Justice Evan Jenkins refused to take a position on the intermediate appeals court.
“I know you would like me to express my personal opinion,” Jenkins said. “I won’t do that. I am a believer in the Constitution, which clearly gives the Legislature the prerogative to establish an intermediate appeals court.”
Romano said Jenkins’ comments were telling.
“I find it interesting that the Supreme Court has not come out in favor of this new layer of government,” Romano said. “This new expenditure of taxpayer funds. Why not? Why haven’t they come out for it if it’s really going to alleviate their workload?
“The reality is there’s no need for this intermediate court of appeals.”
Sen. Mike Woelfel (D-Cabell) said he has changed his mind on the bill. He voted for the bill in the Senate Judiciary Committee.
But he voted against it in the February 24 floor vote because he said it will “trample” farmers, landowners and small businesses.
“This bill is not going to hurt trial lawyers, said Woelfel, who is an attorney. “It’s going to help people like me who are in litigation over injury cases representing citizens because I’m going to raise my fees from a third to 40 percent because it’s an appeal.
“I’m going to make more money with the intermediate court of appeals, and so are the people who do what I do. If you think you’re punishing the trial lawyers, it’s the opposite.”
Sen. Bill Ihlenfeld (D-Ohio) said the need for the new court simply doesn’t exist.
“I really wish we needed this bill,” he said. “If we needed this bill, it would mean our courts were bursting at the seams. That would mean there was a lot of business litigation.
“But that’s not the case. Our Supreme Court has told us they’re able to manage everything. They don’t need this extra help. Justice Jenkins didn’t take a position. I wish we needed this, but we don’t.”
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.
