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Intermediate court, passed by Senate, now gets another chance in House

The state Senate — again — passed a bill that would establish an intermediate court of appeals in West Virginia.

The bill goes — again — to the House of Delegates, where it has crashed in recent years.

Mike Romano

Senators of both parties, while debating the bill today, made reference to how often they had done so in the past.

“This is Groundhog Day all over again,” said Senator Mike Romano, D-Harrison. “This is my seventh time opposing it.”

The issue has been promoted for years in West Virginia and was among the recommendations of a 2009 judicial reform panel established by then-Gov. Joe Manchin, a Democrat.

Charles Trump

“It’s long overdue,” Senate Judiciary Chairman Charles Trump, R-Morgan, said today. “It has been recommended to this Legislature for years by legal scholars.”

Senators voted 19-15 in favor of passing the bill on Wednesday, a fairly narrow margin given the current 23-11 Republican supermajority.

Senate Bill 275 would establish an intermediate court to review civil cases between the circuit court and Supreme Court levels. It would also review issues such as workers compensation cases and final orders from family court.

Senate Bill 275 would establish an intermediate court to review civil cases between the circuit court and Supreme Court levels. It would also review issues such as workers compensation cases and final orders from family court.

Judges on the intermediate court would receive appointments to staggered terms to fill out the court at first, with regular elections after that  The court is anticipated to have a northern and southern district, each with three judges. Proceedings are anticipated to take place in already-available public buildings.

Upon full implementation, the court is estimated to cost between $8 million and $9 million, according to an estimates provided to the Senate.

Many of the arguments may have been familiar today. Nevertheless, senators debated the bill for about an hour.

John Unger

Senator John Unger, D-Jefferson, said he initially was just tired of the fight.

“Since this has been around so many years you get to the point where you think my goodness if they want it that badly let ‘em have it,” Unger said in a floor speech today.

But Unger said he changed his mind after considering the need for expanded adult drug court operations across the state. His long speech became a plea to focus efforts there instead.

Richard Lindsay

Delegate Rich Lindsay, D-Kanawha, said a midlevel court is unnecessary because there’s no sign the current Supreme Court is overburdened.

“This is an expansion of government,” Lindsay said. “I thought our conservatives were in opposition to expansion of government.”

Mike Woelfel

Senator Mike Woelfel, D-Cabell, agreed, suggesting a midlevel court would delay final court rulings for property owners and small businesses.

“Why are we wasting this money? Why are we increasing the size of government?” Woelfel asked.

Senator Trump, in his closing remarks, disagreed about the likelihood of dragging out appeals. He said the midlevel court would actually speed appeals along — and present a convenience because of the two districts.

“I think it will expediate the appellate process for everybody,” Trump said.





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