Gov. Jim Justice is going back to the drawing board to select the final member of West Virginia’s new intermediate court.
After last week’s withdrawal of Don Nickerson, who had been appointed to serve the longest term, the governor has put out a call for new applicants. That will give him a new list of names for him to choose from for an appointment.
“I strongly believe that, since it has been more than six months since the applications opened for this seat, it is responsible to begin the process over again. In that time, personal or professional circumstances may have changed for those who applied, and other people may decide to throw their hat in the ring,” Justice stated.
Twenty-five applicants for the three intermediate court positions were announced by the Judicial Vacancy Advisory Commission last fall.
The judges on the court were set to be sworn in May 1.
Justice had appointed Nickerson to a term that would have lasted to 2028, when the position then would have been up for a vote of state citizens. Justice also appointed attorneys Dan Greear of South Charleston and Thomas Scarr of Barboursville as the judges on the intermediate court initially.
The court will be operational by July 1, operating from Charleston and hearing cases from around the state.
The judges will hear appeals of civil cases, appeals from family courts except domestic violence cases, appeals from state agencies or administrative law judges, and workers compensation appeals.
Nickerson, who serves as an Ohio County Commissioner, issued a statement saying that although it was an honor to be considered other factors relating to the distance to Charleston led him to withdraw.
“I felt that with the desire to have a strong virtual and remote working component associated with the Intermediate Court of Appeals, I would not have to relocate to Charleston and could work remotely from Wheeling part of the time and be in Charleston whenever necessary,” he said.
“The travel and expense guidelines ultimately adopted for this new court did not allow me to do that without incurring significant personal costs for any local staff I happened to hire and myself.”
Now the West Virginia Judicial Vacancy Advisory Commission will reopen the application period and submit a new list of names for the governor.
The JVAC will reopen the application period immediately, with any new applications due by April 15.
Anyone who applied for the Intermediate Court of Appeals seat in September 2021 may request to be considered by JVAC automatically, without the need to resubmit an application.