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Intermediate Court of Appeals of West Virginia

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

Jurisdiction

It will have 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.[2]

Opinions

The court is required to issue a written opinion on every case properly before it. These opinions are binding precedent, unless overruled on further appeal to the 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 will be housed there. A court room will be constructed on the first floor of the building. [4]

Judges

The court will consist of three judges. Each will eventually be elected on a non-partisan basis for ten year terms. The Act provides that the Governor will appoint the original judges for staggered terms.[1]

On December 29, 2021, Governor Jim Justice appointed the three original judges to the court, who will take office on July 1, 2022.

Thomas E. Scarr of Huntington was appointed to a two and one half year term. 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. His seat will be up in the May election of 2026, with the elected official taking office on January 1, 2027.

Donald A. Nickerson, Jr. of Wheeling was appointed to a six and one half year term. His seat will be up in the May election of 2028, with the elected official taking office on January 1, 2029.[5]

However, Mr. Nickerson subsequently decided to decline the appointment, stating that did not wish to relocate to Charleston. [6] The governor is now empowered to make another appointment.

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.


References

  1. ^ a b c webmaster@wvlegislature.gov. "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. ^ "Gov. Justice makes history; announces first-ever appointments to WV Intermediate Court of Appeals". governor.wv.gov. Retrieved 2022-02-10.
  6. ^ https://www.lootpress.com/nickerson-resigns-from-intermediate-court-of-appeals/
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