CHARLESTON – Gov. Jim Justice has been sent eight names of candidates for the new Intermediate Court of Appeals.
The state Judicial Vacancy Advisory Commission sent a letter with the recommendations December 20. There are three names provided for each of the three seats on the court. The total number of names is eight because one – former Kanawha Circuit Judge and current House of Delegates Chief Counsel Dan Greear – is suggested for two of the positions.
The names submitted for the 2.5-year term that would December 31, 2024, are Greear, former Greenbrier Circuit Judge and legislator Jim Rowe and attorney Thomas Scarr of Barboursville.
The three suggested for the 4.5-year term that would end December 31, 2026, are attorney Robert Frank of Lewisburg, Greear and 23rd Circuit Family Court Judge Deanna Ray Rock.
The names submitted for the 6.5-year term that would end December 31, 2028, are attorney Donald Nickerson Jr. of Wheeling, former Monongalia Circuit Judge Debra Scudiere and Putnam County Prosecuting Attorney Mark Sorsaia.
The JVAC interviewed 23 candidates over two days earlier this month. The others interviewed were John J. Balenovich, S. Benjamin Bryant, Jim Douglas, Edward Ryan Kennedy, Joseph L. Ludovici, Howard R. Nolen, Ronald Reece, Mychal Sommer Schulz, Martin P. Sheehan, Christine B. Stump, Charles Darren Tallman, Harry C. Taylor II, Gregory Alan Tucker, Crystal L. Walden and Keith Bryant Walker.
In addition, two who had applied weren’t interviewed. One (William J. Stevens) withdrew his name from consideration and another (Jenna L. Robey) didn’t quite meet the qualifications.
The requirements are that the candidates be a resident of West Virginia for at least five years and a member of the State Bar for 10 years with at least five years of experience.
Now, Justice will select on person for each of the three seats on the court, which begins work July 1. After these initial appointments, the non-partisan elections for the positions will be staggered as these first terms end.
Justice can use the JVAC recommendations or, if he doesn’t approve any of the names on one of the lists, he can ask the commission to send him another three names for consideration.
The terms are for 10 years, and the salary for the three judges is $142,500 a year.
“While the Justices and court administrative staff continues to work on the logistics of the Intermediate Court of Appeals, the Judicial Vacancy Advisory Commission also had the important task of interviewing more than twenty attorneys interested in being judges for the new court,” state Supreme Court Chief Justice Evan Jenkins said in a press release. “They have done their due diligence and given their recommendations to Governor Justice.
“The governor now has the important task of selecting from this list of candidates to serve on the new court. We look forward to working with whomever he appoints.”
On April 8, Justice signed Senate Bill 275 establishing the Intermediate Court of Appeals. The idea for such a court has been discussed for more than 10 years. The state Senate had 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.
The passed version of the bill called for only one district and trimmed 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 new court will review civil cases between the circuit court and Supreme Court. It also will review workers’ comp cases and final orders from family courts.