CHARLESTON, W.Va. — The Senate Judiciary Committee has passed a bill that would establish an intermediate court of appeals, but with some significant amendments.
The bill now goes to the Senate Finance Committee, which will consider the estimated $6.3 million cost of establishing the court.
The intermediate court, which would take on civil cases between the circuit court and Supreme Court levels, has been considered many times over the years in West Virginia.
The Senate Judiciary Committee heard an explanation of this version on Friday afternoon, started discussing it this morning and then continued discussion and voting this afternoon.
Senators approved one amendment that would change how the six judges get on the court. The introduced version of the bill called for appointments by the governor with review by the Senate. The amendment changed the format to a vote of citizens.
“I just feel more comfortable that way, and I feel the constituents would too,” said Senator John Pitsenbarger, R-Nicholas, who proposed the amendment.
Senators also voted to amend the bill to say that if there is a vacancy, then the governor must appoint from the list of candidates supplied by Judicial Vacancy Commission. That amendment was offered by Senator Charles Clements, R-Wetzel.
A proposed amendment to sunset the intermediate court after 10 years was rejected.
That amendment was offered by Senator Mike Romano, D-Harrison, “so that the Legislature can evaluate whether this is a necessary court, after allowing it to go through a 10-year test run.”
Senators spent a lot of their time on the bill questioning lobbyist Danielle Waltz, who represented the U.S. Chamber of Commerce. She said the bill is meant to modernize the West Virginia court system, “to offer litigants a full and fair opportunity to be heard.”
Waltz also suggested the bill might improve appearances for businesses as they consider investing in the state.
“Over time, West Virginia is not perceived as having the greatest legal climate,” she said.
Lawyer Tony Majestro, legislative chairman for the West Virginia Association for Justice, spoke against the bill this morning on MetroNews’ “Talkline.”
Majestro suggested the intermediate court of appeals is favored by big companies but would be an obstacle to plaintiffs with limited financial resources to keep a case going.
He said the state Supreme Court already reaches decisions based on the merits of every appeal, either through written filings or oral arguments.
“We think the argument that it’s an unnecessary expansion of government will prevail, not necessarily in the Senate but in the House of Delegates,” Majestro said.
Anthony Majestro, Legislative Chair for West Virginia Association for Justice, joins @HoppyKercheval to discuss the intermediate court of appeals. WATCH: https://t.co/wkudfIRZCB pic.twitter.com/ATkYDzUvEm
— MetroNews (@WVMetroNews) January 27, 2020