CHARLESTON – The state’s new Intermediate Court of Appeals opens July 1, and Chief Judge Dan Greear is ready to get things rolling.
But, he says don’t expect much action in the first few months.
“People should realize our case count is going to grow very slowly,” Greear said in an interview with The West Virginia Record. “With most cases, parties have 30 days to file a notice of appeal. Then, there is more time to file briefs, scheduling orders and such.
“Later in the fall is when I expect we’ll start to have cases coming in. By spring 2023, I’d say we’ll be approaching a full docket.
Greear also said the court is still being building, calling it “a work in progress.”
“We have been identifying issues that need to be fixed or adjusted, and we’re working on those every day,” he said. “We know we haven’t quite squarely hit the nail on the head just yet. I’m sure we’ll have to go back to the Legislature on some things, too.
“Still, I feel good about this. It’s a good thing for West Virginia and for our court system.”
Gov. Jim Justice appointed the three ICA judges. Greear’s term ends at the end of 2026, Scarr’s at the end of 2024, and Lorensen’s at the end of 2028. After the initial terms, ICA judges will be elected to 10-year terms.
Greear said he and his fellow ICA judges are ready to get to work as a court.
“It’s kind of like an athletic team,” Greear said. “We’re tired of just talking about all of this. It’s like fall drills, and we’re tired of hitting each other in practice. We’re ready to hit someone else, so to speak.
“We’re ready to get into action and start dealing with real cases.”
The court will have its courtroom in Charleston in the newly named West Virginia Judicial Tower (formerly City Center East) in Kanawha City. But there will be satellite courtrooms across the state in Grant, Lewis, Morgan, Raleigh and Wetzel counties.
The judges will remain in Charleston for most proceedings, but litigants will have the option to appear in person in Charleston or at one of the satellite courtrooms.
“It’ll be just like they’re sitting across from us,” Greear said of the satellite courtroom setup. “It’s just about convenience for litigants. But if they want to come to Charleston, they’re welcome. The clerk will work with that in scheduling them.
The satellite locations were selected so a litigant will not have to drive more than 90 minutes to reach a courtroom. Each location has security, ample parking and are accessible.
“If there is anything good that has come from the pandemic, it’s been realizing what we could do as a court with these technologies,” Greear said.
The Legislature established the ICA in 2021. It will hear appeals of civil cases, appeals from family courts (except domestic violence cases), appeals from state agencies or administrative law judges and workers’ compensation appeals.
Greear said the new court will help take some of the workload from both the circuit courts and the state Supreme Court.
“We’re removing the domestic relations appeals from circuit courts and administrative law appeals from circuit courts,” he said. “It’s not a huge part of what they do, but they’re so swamped with abuse and neglect cases.
“Plus, they’re trial courts. They aren’t appellate courts. Getting those two things out of their way is just that much less they’ll have to deal with, so that’s good.
“As for the Supreme Court, I think what it’s going to do is allow the Justices to not have to deal with the garden-variety, everyday issues such as deciding if something was ruled on incorrectly in the lower courts. I’m talking about the standard kind of stuff where something might went a little wrong at the court below.
“In the other 41 states with intermediate courts, very few of these cases go all the way through the process. That’s just not what you see happening. A very small percentage of cases are appealed from trial courts, and an even smaller percentage is appealed from the intermediate courts to the Supreme Courts.
“We’ll be able to weed out a lot of things the Supreme Court has had to deal with and give them more time for the meaty matters they should focus on.”
Greear was named the ICA’s first chief judge last month, and he’ll serve in the role through the end of 2023. Scarr will be chief judge in 2024, and Lorensen in 2025.
“I am honored to have been chosen by my colleagues to be the first chief judge of this new court,” Greear said. “That’s one of the things I told my wife. I will always be one of the first three judges, and I’ll always be the first chief ICA judge.
“It’s kind of exciting to think about. After 159 years, it’s rare to be the first of something in state government.
“But, it’s also a weighty thing. We have an obligation and adds value to the state. The significance isn’t missed on me. We have a unique opportunity to build a new appellate court from scratch, and we want to build one that is accessible, transparent and fair.”
