Intermediate Court of Appeals of West Virginia

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The Intermediate Court of Appeals of West Virginia is the intermediate appellate court in West Virginia, created pursuant to the West Virginia Appellate Reorganization Act of 2021.[1]

Jurisdiction

It has jurisdiction over the following appeals, subject to further appeal to the Supreme Court of Appeals:

  • Final judgments or orders of a circuit court in civil cases, entered after June 30, 2022.
  • Final judgments or orders of a family court, entered after June 30, 2022, except for final judgments or final orders issued by a family court in any domestic violence petition which appeals shall first be made to a circuit court.
  • Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, entered after June 30, 2022.
  • Final judgments, orders, or decisions of an agency or an administrative law judge entered after June 30, 2022. (Previously such orders were appealed to the Circuit Court of Kanawha County).
  • Final orders or decisions of the Health Care Authority issued prior to June 30, 2022, in a certificate of need review.
  • Final orders or decisions issued by the Insurance Commissioner's Office of Judges after June 30, 2022, and prior to its termination, on September 30, 2022.
  • Final orders or decisions of the Workers’ Compensation Board of Review entered after June 30, 2022.

The court has no original jurisdiction and no criminal jurisdiction.[1]

In matters involving a question of fundamental public importance, or cases in which time is of the essence, either party may petition that the court be bypassed and the case heard by the Supreme Court of Appeals.[2]

Opinions

The court is required to issue a written opinion on every case properly before it. These opinions are

United States Supreme Court.[3]

Location

The court is empowered to hold court at any county seat in the state.[3]

The court system purchased the City Center East office building in the Kanawha City neighborhood of Charleston, and the court is housed there. A court room was constructed on the first floor of the building.[4]

The court decided to hold hearings, as appropriate, in Grant, Lewis, Morgan, Raleigh and Wetzel counties, when the lawyers involved reside in those regions.[5] In those cases it will use existing county owned facilities.

Judges

The court consists of three judges. Each are elected on a non-partisan basis for ten year terms.[1]

In the event that a judge is

recused
the Chief Justice of the Supreme Court of Appeals shall appoint a current circuit judge to temporary duty on the court.

Current Judges

The Act provides that the Governor will appoint the original judges for staggered terms. On December 29, 2021, Governor Jim Justice appointed the three original judges to the court, who all took office on July 1, 2022.

Thomas E. Scarr of Huntington was appointed to a two and one half year term.[6] His seat will be up for election in the May election of 2024, with the elected official taking office on January 1, 2025.

Daniel W. Greear of Charleston was appointed to a four and one half year term.[6] His seat will be up in the May election of 2026, with the elected official taking office on January 1, 2027. He is the Chief Judge. [7]

Charles Lorensen of Charleston was appointed to the six and one half year term.[8] His seat will be up in the May election of 2028, with the elected official taking office on January 1, 2029.

Originally, Donald A. Nickerson, Jr. of Wheeling was appointed instead of Lorensen, but declined the appointment, stating that did not wish to relocate to Charleston.[9]

Election of 2024

Judge Scarr declined to run for the full elected term. The election will be held on a non-partisan basis. Three candidates filed for the seat. Elgine Hecteta McArdale, a Wheeling attorney; Mychal S. Schulz, a Charleston attorney; and S. Ryan White, also a Charleston attorney and member of the county

school board. <[10]
>


References

  1. ^ a b c [email protected]. "West Virginia Code". wvlegislature.gov. Retrieved 2022-02-10.
  2. ^ "WV Code §". wvlegislature.gov. Retrieved 2022-02-10.
  3. ^ a b "WV Code §". wvlegislature.gov. Retrieved 2022-02-10.
  4. ^ "Supreme Court purchases Kanawha City office building". 3 March 2022.
  5. ^ "Intermediate Court of Appeals of West Virginia".
  6. ^ a b "Gov. Justice makes history; announces first-ever appointments to WV Intermediate Court of Appeals". governor.wv.gov. Retrieved 2022-02-10.
  7. ^ "Intermediate Court of Appeals of West Virginia".
  8. ^ Flatley, Jake (2022-04-26). "Justice picks intermediate judge with broad governmental experience". WV MetroNews. Retrieved 2022-05-08.
  9. ^ "Nickerson resigns from Intermediate Court of Appeals". Lootpress.com. 2022-03-26. Retrieved 2022-05-08.
  10. ^ >https://apps.sos.wv.gov/elections/candidate-search/<
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