CHARLESTON, W.Va. — West Virginia Intermediate Court of Appeals Chief Judge Dan Greear said Thursday the first petitions the new court will likely receive will be child custody cases.
“In child custody cases, a new law, if there’s not a 50/50 custody decision we have immediate review of that and we expect those to be coming in quickly,” Greear said minutes after a ribbon cutting ceremony that took place in Charleston Thursday.
The ICA, created by the legislature in 2021, will review appeals of civil cases, decisions from Family Court, workers’ comp appeals and those from administrative law decisions. The new court has no jurisdiction over criminal cases, abuse and neglect cases or those involving juvenile crime.
The new court will hear all family law appeals and decide the cases on their merit, Greear said.
“Currently appeals go from Family Court to circuit court on a petition basis and circuit judges actually have the discretion to decline those appeals. We’re going to hear all of those appeals,” Greear said.
Greear, who will serve on the court along with judges Tom Scarr and Charles Lorensen, said he doesn’t believe adding another court system will necessarily delay the process of getting appeals heard.
“We’re adding a layer to civil appeals but most of the other areas, family law, workers’ comp, administrative law, we are replacing a layer–so there’s not going to be any inherent delay there,” Greear said. “As far as the cases themselves, we are committed to moving these things as expeditiously as possible.”
Lorensen, a former cabinet secretary and chief of staff in the administration of former Gov. Earl Ray Tomblin, echoed Greear’s comments.
“The legislature expects it, they created us, and the Supreme Court of Appeals does not want us to be a barrier between justice and timeliness,” Lorensen said. “Time frames are incredibly important. We do not want to be used as a delay.”
House of Delegates Speaker Roger Hanshaw said in his remarks at the ribbon cutting ceremony that the resolution of cases quickly matters.
“And the resolution of cases with certainty matters,” Hanshaw said.
Greear said they expect the court’s first cases to be filtering in over the next six months with a full docket expected by the winter of 2023.
The new court has five remote locations across the state that will provide those arguing cases the opportunity to be closer to home. The satellite courtrooms are in Beckley, New Martinsville, Weston, Petersburg and Berkeley Springs.
ICA Judge Tom Scarr said the remote sites a key part of the court’s future.
“Prior to COVID this would not have happened,” Scarr said.
The creation of the new court also ushers in a new e-filing system for those filing action with the new court and the state Supreme Court.
The ICA, much like the state Supreme Court, will issue memorandum decisions and authored opinions along with dissents and concurrences.
The ICA’s home is located in the Kanawha City section of Charleston in a building that has been renamed the West Virginia Judicial Tower. Renovations are currently underway.
What others said at Thursday’s ribbon cutting:
–Supreme Court Justice Tim Armstead said the law creating the court created flexibility to adjust the new court in the future if necessary.
–State Senate President Craig Blair said the new court makes the state more attractive to businesses.
–House Judiciary Committee Chairman Moore Capito said after years of discussion the state is “really ready” for an intermediate court.