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Debate continues about WV intermediate appeals court

CHARLESTON, W.Va. — Members of the Senate Judiciary Committee are still asking questions about a possible West Virginia intermediate appeals court, including whether it’s necessary, how much it would cost and whether its judges would be elected or appointed.

The committee discussed the bill for a little more than an hour Monday afternoon but lawmakers haven’t yet offered amendments or voted on the bill.

Mike Romano

“Is there something that changed in the last year or so that gives rise to the need for this court?” asked Senator Mike Romano, D-Harrison.

An intermediate appeals court has come up before — for example, in  1999, 2003, 2010, 2011, 2012, 2013 and 2014. West Virginia is one of nine states without one.

The last few years, under budgetary pressure, the Legislature has not considered such a court.

With the state Supreme Court under scrutiny this year after stories about spending on expensive couches and rugs, some observers think this is the moment an intermediate court of appeals could ride a wave of momentum.

Romano questioned the cost, suggesting it might be a few million dollars. A fiscal note has been requested to estimate the cost of the intermediate appeals court, but it hasn’t yet been submitted. The state Supreme Court would provide the estimate.

As the bill is written, judges on the intermediate appeals court would serve 10 years. Committee members questioned whether they should be appointed or elected.

Mike Woelfel

“Is there any concern by anyone about one politician being able to load the whole court up initially?” asked Senator Mike Woelfel, D-Cabell.

Some senators questioned whether an intermediate appeals court is necessary for a state of West Virginia’s size.

The Supreme Court has pointed to its own mandatory appellate review, where “each properly prepared appeal is fully decided on its merits, and appeals are no longer refused.”

West Virginia is one of nine states without an intermediate appellate court.

“The idea of an intermediate court is not a novel idea, either on the state or federal level,” Danielle Waltz, a lobbyist representing the U.S. Chamber of Commerce, testified before the Judiciary Committee.





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