CHARLESTON – Gov. Jim Justice has signed the bill creating an intermediate appellate court for West Virginia, and other legal reform legislation is expected to soon become law.
Justice signed Senate Bill 275 on April 8. The idea for an intermediate court of appeals has been discussed for more than 10 years. The state Senate has passed similar legislation several times in recent years, but the House of Delegates never was on board until this session. Justice had pushed for the bill during his annual State of the State address.
“Today, West Virginia joined the more than 40 states and jurisdictions that have an intermediate court of appeals,” state Supreme Court Chief Justice Evan Jenkins said in a statement. “The West Virginia Supreme Court is prepared and committed to taking the steps necessary to ensure the new court operates in a way that ensures the public’s trust and confidence. That is what our citizens deserve and the constitution requires.”
Jenkins
The Supreme Court never issued an official stance regarding the creation of the court.
Instead of the Senate plan for two districts, the House version only has one district. That also trims the estimated initial budget from nearly $8 million to about $3.6 million and the continuing annual cost from about $5.7 million to $2.1 million.
The Senate also had the judges serving 12-year terms, like those of the state Supreme Court justices. The House version changes that to 10-year terms.
The new intermediate court would review civil cases between the circuit court and Supreme Court. It also would review workers’ comp cases and final orders from family courts.
At first, the judges would be appointed to staggered terms. Their salary would be $142,000 per year. Hearings are expected to take place in current public offices, so no new building would be needed.
The West Virginia Chamber of Commerce hailed the creation of the court.
“We were pleased to see the governor sign SB 275 into law yesterday and finally, after more than a decade of work, make this new court a reality,” Chamber President Steve Roberts said. “The recommendation for West Virginia to create an IAC came from a commission formed in 2009 by then-Gov. Joe Manchin and chaired by none other than former U.S. Supreme Court Justice Sandra Day O’Connor. Creating this court has been a top priority of the West Virginia Chamber of Commerce since that time.
“The new intermediate court is structured in a way that should speed up access to our circuit courts and provide a more thorough, predictable and stable body of law in our state.”
Roberts praised lawmakers who “took care to structure this new court in a way that makes sure our most pressing cases, especially those dealing with abuse and neglect, will continue to go to the front of the line for resolution.”
“Many groups came together to make this new court a reality," Roberts said. “I cannot give enough thanks to the West Virginia Legislature for their focus on creating an intermediate appellate court. Charles Trump, the Chairman of the Senate Judiciary Committee, deserves special thanks as he has been a steadfast proponent and this would not have been possible without his leadership.
“Moore Capito, the Chairman of the House Judiciary Committee, also worked tirelessly to shepherd this bill through the House of Delegates. Numerous other legislators and legislative leaders including House Speaker Roger Hanshaw and Senate President Craig Blair worked with us to pass this important bill. I would also be remiss if I did not thank the strong partnerships with our colleagues at the U.S. Chamber of Commerce, the West Virginia Manufacturers Association, and Americans for Prosperity for making this day a reality.”
The president of the U.S. Chamber Institute for Legal Reform (which owns The West Virginia Record) also praised the move.
“This is a historic day for legal reform in West Virginia," Harold Kim said in a statement. "An intermediate court of appeals will bring certainty and stability to the state’s court system. Lawmakers, legal reform advocates and the governor have worked for years to improve the state’s lawsuit climate, and their actions show the business community that West Virginia is moving in the right direction.”
Still, the president of a statewide group for trial attorneys remains critical of the decision.
“Our state lawmakers put the wants of billion-dollar corporate special interests and their lobbyists ahead of the needs of West Virginia and the people who live here,” Jonathan Mani of the West Virginia Association for Justice told The West Virginia Record. “Our tax dollars are limited and should be spent on what our state needs.
“The intermediate court is an unnecessary expansion of our state government that will cost taxpayers millions every year."
The leader of a statewide legal reform group, however, praised the passage of the intermediate court bill as well as other reforms that have been enacted this session.
“The 2021 legislative session has been very good for legal reform here in West Virginia,” Greg Thomas of West Virginia Citizens Against Lawsuit Abuse told The Record. “We finally passed the much-needed seat belt admissibility bill and created the intermediate appellate court, which will give West Virginians a true right of appeal.
“The COVID lability bill is best in the nation, and we even passed additional asbestos liability reforms. We are hopeful that medical monitoring will be passed in the House of Delegates.”
Mani said the seatbelt admissibility bill, SB 439, also is unnecessary. It awaits Justice’s signature.
“West Virginia was already a national leader on the admissibility of failure to wear a seatbelt and was one of just 15 states that allowed for a reduction in damages if the plaintiff was not wearing a seat belt,” Mani told The Record. “The new law will just increase litigation and court costs."
Also, a bill that could limit the number of defendants named in asbestos lawsuits has passed and is awaiting the governor’s signature.
House Bill 2495 would alter a common practice of over-naming in asbestos complaints. Some plaintiffs’ attorneys include dozens and dozens of defendants in such lawsuits.
https://wvrecord.com/stories/574954397-w-va-house-bill-would-limit-defendants-being-named-in-asbestos-lawsuits
If signed, the bill would require a plaintiff file a sworn information form within 60 days of filing the claim that specifies the evidence that provides the basis for each claim against each defendant and include supporting documentation. It also would require plaintiffs have a continuing duty to supplement the required disclosures. And the court, on motion by a defendant, could dismiss a claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures.
The WVAJ said the passed version of the bill is a result of teamwork.
“Stakeholders on both sides met and put together a bill that they believed addressed concerns while preserving a cause of action for those who've been exposed to asbestos,” Mani told The Record.
Thomas said the state has made tremendous strides in terms of legal reform.
“Not long ago, West Virginia was a Judicial Hellhole, and we now are leading the nation in legal reforms,” he told The Record. “We still have more work to do, but the Legislature is doing everything it can to ensure a fair court system is something that job creators and healthcare providers can count on now in West Virginia.”