CHARLESTON, W.Va. — The president of the West Virginia Bar, the chief counsel in the House of Delegates and an Ohio County commissioner will make up the state’s first-ever Intermediate Court of Appeals.
Gov. Jim Justice announced the appointments Tuesday of attorneys Thomas Scarr, of Barboursville, Dan Greear of South Charleston and Donald Nickerson, Jr., of Wheeling.
“This is an historic day in West Virginia without any question,” Justice said. “But historic doesn’t mean anything if you don’t get it right. I’m really confident we got it right,” Justice said.
Scarr, president of the West Virginia Bar was appointed to the two-and-a-half year term by Justice, Greear, the top attorney for House Speaker Roger Hanshaw and former Kanawha County circuit judge, the four-and-a-half term and Nickerson, an Ohio County commissioner, who is an attorney with Spilman, Thomas & Battle, the six-and-a-half year term.
The appointments will go before the state Senate for confirmation votes during the upcoming regular session of the state legislature.
The three are expected to begin work in May. The Court will be up and running on July 1.
The West Virginia Appellate Reorganization Act, signed into law by Justice in early April, establishes an intermediate court to review civil cases between the circuit court and Supreme Court levels. It will also review issues such as workers compensation cases and final orders from family court.
After the terms associated with the staggered appointments run out there will be regular elections for 10-year terms. The judges will make $142,000 a year. Proceedings are anticipated to take place in already-available public buildings.
Justice called the creation of the new court Tuesday another step toward creating goodness in West Virginia.
“Judicial reform, West Virginia needed this so bad. This is a step forward and I’m really proud,” Justice said.
Scarr, during an appearance on MetroNews “Talkline,” said seeking an appointment on the new court interested him in a way to help the state of West Virginia as he gets closer to the end of his career.
“I thought it was a wonderful way to give back to the Bar and the state that has done so much for me,” Scarr said. “The fact that it’s a new court, I want to help to get it up and running and to make it work.”
Greear, who spent time as a circuit judge in Kanawha County, said being a judge, where you can hear both sides of an issue better fits his personality.
“That interests me and that intrigues me and I like the academic exercise of taking a set of facts and looking at the statutes, looking at the Constitution and looking at the cases to see what the right answer is,” Greear said Tuesday on “Talkline.”
Nickerson, an Ohio County commissioner, who Justice said he received more comments in support than any other applicant for the job, said being on the new court is an important position.
“You’re the court of last resort for most of the cases that come before the appellate court,” Nickerson said on “Talkline” Tuesday. “It’s an important court and you have to get right and you’re dealing with issues of law and I enjoy all of that and find it exciting.”
Members of the state Supreme Court are currently working on rules and procedures associated with the new court.
State Supreme Court Chief Justice Evan Jenkins recently told MetroNews it would be good to have the three judges on board in early January so they can help with the implementation of the new court.
“We think it’s important to get those three judges on board to be able to have a voice during the court’s construction and in the work we are doing now,” Jenkins said.
The issue of an intermediate court 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.
What others are saying about Justice’s appointments:
Current members of the state Supreme Court
“The Supreme Court welcomes Governor Justices’ appointments to the new Intermediate Court of Appeals and congratulates each of these well-qualified individuals on being selected. We are committed to working together to improve our justice system,” Chief Justice Evan Jenkins.
Justice John Hutchison, who will become Chief Justice on January 1, said, “I look forward to working closely with each of the new judges as we set up the operations of West Virginia’s first Intermediate Court of Appeals.”
Justice Beth Walker said, “The Intermediate Court of Appeals is a historic addition to the West Virginia Judiciary, and I congratulate the new judges appointed today. We are all committed to making sure this new court, like every other court in our state, operates efficiently and is transparent and accessible to all.”
Justice Tim Armstead said, “Today’s appointments represent an important step in establishing an effective and productive Intermediate Court of Appeals. These new judges will bring many years of unique experience and expertise to the court. I look forward to joining with them as we continue our work together to establish the new appellate court. I welcome each of them to our state’s court system.”
“The appointees are all experienced attorneys and will be excellent additions to the West Virginia Judiciary,” said Justice William R. Wooton.
State Senate President Craig Blair
“Today is an outstanding day for West Virginia’s legal system and another step forward in making our state the ideal place for job creators and families alike. The creation of an Intermediate Court of Appeals has been a goal of mine for several years, and I am excited to see it become a reality today.
I thank Governor Justice for believing in our vision and working with us as we passed this bill. I also thank him for appointing our House of Delegates friend and colleague Dan Greear as one of the Court’s new judges. Dan’s experience, knowledge, and temperament make him an ideal person to serve the State of West Virginia in this new role.”
House of Delegates Speaker Roger Hanshaw
“The House of Delegates has been proud to work with Gov. Jim Justice on a number of key legal reforms over the past several years, including the creation of the new Intermediate Court of Appeals to serve the State of West Virginia. The House of Delegates, the Senate and the governor have worked together to respond to the challenges and opportunities for improvement in the State’s legal climate raised by some of our major employers and are happy to join together again today with the appointment of three distinguished legal professionals to serve as the founding judges of the West Virginia Intermediate Court of Appeals.
“On a personal note, I am particularly pleased Governor Justice appointed House Chief Counsel Dan Greear to serve among the judges of this new court. Dan is a proven jurist and has made tremendous contributions to the House of Delegates and the state of West Virginia during his service. I look forward to Dan’s many years of service as a jurist. While Dan’s new position will certainly be a loss for the House of Delegates, the state of West Virginia is the beneficiary of Governor Justice’s appointment of Dan to the Intermediate Court of Appeals.”
Traci Nelson, President of the West Virginia Oil Marketers & Grocers Association (OMEGA)
“On behalf of our convenience store, independent grocer and petroleum marketer members, we appreciate the prudent appointments Governor Justice has made to the newly created Intermediate Court of Appeals. Thomas E. Scarr, Daniel W. Greear, and Donald A. Nickerson Jr. are well-respected and fair individuals and we look forward to the positive impact they and the newly created court will be bring to West Virginia’s judicial system.”
Marty Wright, West Virginia Health Care Association
Governor Justice’s appointees are well-respected lawyers with decades of legal experience in West Virginia. They have dedicated their lives to practicing law before West Virginia’s various courts, bringing wide-ranging, valuable experience to the new appellate court. These appointments to the Intermediate Court of Appeals should give West Virginians confidence that the newly established court will soon hear appeals in a fair and open-minded manner while applying the laws of the state as written.
Mike Clowser, chairman of the West Virginia Business and Industry Council (BIC)
“We applaud Governor Justice for his thoughtful appointments to West Virginia’s Intermediate Court of Appeals. Thomas E. Scarr, Daniel W. Greear, and Donald A. Nickerson Jr. have all demonstrated their ability to be fair and impartial and we look forward to their service to West Virginia in this new capacity.
The Intermediate Court will bring additional transparency, process, and oversight to our judicial system.”
Nathan Morris, vice president for legislative affairs of the U.S. Chamber of Commerce Institute for Legal Reform
“We applaud Gov. Jim Justice for his appointments to the Intermediate Court of Appeals. Thanks to his leadership and that of the state legislature, West Virginia is one step closer to having a court that will help bring additional balance and fairness to its legal environment.”