Twenty-First Judicial Circuit (Grant, Mineral, and Tucker Counties) Judge Robert E. Ryan has been temporarily assigned to serve on the Intermediate Court of Appeals (ICA) for two cases on Tuesday, February 6.
When an ICA Judge is unable to serve in a case, W. Va. Code § 51-11-6(e) allows the Chief Justice of the Supreme Court of Appeals of West Virginia to temporarily assign a judge to serve. The visiting judge then participates in all private conferences and votes on that case. Judge Ryan will fill in for Judge Daniel W. Greear, who is voluntarily recused from two cases: Jason Haught, in his capacity as Director of the Public Employees Insurance Agency and Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, and Michael T. Smith, in their capacities as members of the Public Employees Insurance Agency Finance Board v. Air Evac EMS, Inc., No. 23-ICA-127, and Air Evac EMS, Inc. v. Jason Haught, in his capacity as Director of the Public Employees Insurance Agency and Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, and Michael T. Smith, in their capacities as members of the Public Employees Insurance Agency Finance Board, No. 23-ICA-135.
The two Rule 20 arguments will be heard at 10 a.m. and 10:40 a.m. Cases set for Rule 20 arguments involve issues of first impression or of fundamental public importance; cases involving constitutional questions regarding the validity of a statute, municipal ordinance, or court ruling; and cases involving inconsistencies or conflicts among the decisions of lower tribunals.
Original source can be found here.
