Judicial selection in West Virginia
| Judicial selection in West Virginia | |
 | |
| Supreme Court of Appeals of West Virginia | |
| Method: | Nonpartisan election |
| Term: | 12 years |
| West Virginia Intermediate Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 10 years |
| West Virginia Circuit Court | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| West Virginia Family Courts | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| West Virginia Magistrate Courts | |
| Method: | Nonpartisan election |
| Term: | 4 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in West Virginia, including:
- Supreme Court of Appeals of West Virginia,
- West Virginia Intermediate Court of Appeals,
- Limited jurisdiction courts
As of April 2025, judges in the state were selected through nonpartisan elections. Before April 2015, all judicial elections were partisan. In February 2015, both houses of the West Virginia State Legislature passed a bill to remove party affiliation from the judicial ballots, and the measure was signed into law by Governor Earl Ray Tomblin (D).[1]
Click here to notify us of changes to judicial selection methods in this state.
Supreme Court of Appeals of West Virginia
The five justices of the West Virginia Supreme Court of Appeals are chosen in nonpartisan statewide elections to serve 12-year terms. They must run for re-election when their terms expire.[2]
Qualifications
To serve on the West Virginia Supreme Court of Appeals, a judge must be:
- a citizen of West Virginia for at least five years;
- at least 30 years old; and
- practiced in law for at least 10 years.[2]
Chief justice
The chief justice of the supreme court of appeals is selected by peer vote for a one-year term.[2]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission.[3] The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
West Virginia Intermediate Court of Appeals
The three judges of the West Virginia Intermediate Court of Appeals are chosen in nonpartisan elections to serve 10-year terms. They must run for re-election when their terms expire.[4]
Qualifications
To serve on the West Virginia Intermediate Court of Appeals, a judge must be:
- at least 30 years old;
- a member in good standing of the West Virginia State Bar;
- practiced in law for at least 10 years; and
- a state resident for at least five years.[5]
Chief judge
The chief judge of the court is selected by peer vote for a one-year term.[6]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission. The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.[5]
West Virginia Circuit Courts
- See also: West Virginia Circuit Courts
The judges of the West Virginia Circuit Courts are chosen in nonpartisan elections to serve eight-year terms. They must run for re-election when their terms expire.[2]
Qualifications
To serve on a West Virginia Circuit Court, a judge must be:
- a citizen of West Virginia for at least five years;
- a resident of his or her circuit;
- at least 30 years old; and
- practiced in law for at least five years.[2]
Chief judge
The chief judge of each circuit court is selected by peer vote. Terms vary by circuit.[2]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission.[3] The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.[2]
Limited jurisdiction courts
West Virginia has three types of limited jurisdiction court(s): West Virginia Family Courts, West Virginia Magistrate Courts, and West Virginia Municipal Courts.
West Virginia Family Courts
Judges of the West Virginia Family Courts are elected through nonpartisan elections to eight-year terms.[7]
Magistrate Courts
Judges of the West Virginia Magistrate Courts are elected through nonpartisan elections to four-year terms.[8]
Municipal Courts
Judges of the West Virginia Municipal Courts are selected to varying terms in a variety of manners depending on the municipality they serve in. Judges of these courts do not need to be lawyers, but they must complete a course in rudimentary principles of law and procedure.[9]
History
Selection methods in West Virginia have undergone several changes since the inception of the judiciary. Below is a timeline noting the various stages, from the most recent to the earliest:
- 2015: Elections changed from partisan to nonpartisan.
- 2010: A public campaign financing pilot program was created for the 2012 supreme court of appeals elections. A judicial vacancy advisory commission was also created to assist the governor in filling midterm vacancies.
- 2000: The West Virginia Family Courts were created, effective 2002.
- 1974: The Judicial Reorganization Amendment was ratified by voters, establishing a unified court system that combined all state courts except the municipal courts. The system was to be supervised and administered by the supreme court of appeals.
- 1872: Term length of circuit court judges was increased from six years to eight years.
- 1862: Per the original state constitution, the supreme court of appeals judges were to be elected by popular vote to twelve-year terms. Circuit court judges were to be elected to six-year terms.[10]
Courts in West Virginia
In West Virginia, there are two federal district courts, a state supreme court of appeals, an intermediate court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through West Virginia's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[11]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[12] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ Institute for the Advancement of the American Legal Sysytem, "West Virginia Ends Partisan Elections for Judges," accessed April 17, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 National Center for State Courts, "Selection of Judges," accessed August 13, 2021
- ↑ 3.0 3.1 American Judicature Society, "Methods of Judicial Selection: West Virginia; Judicial Nominating Commissions," archived January 13, 2012
- ↑ National Law Review, "Long-Awaited Intermediate Court of Appeals Approved by West Virginia Governor," April 12, 2021
- ↑ 5.0 5.1 West Virginia Legislature, "Senate Bill 275," April 1, 2021
- ↑ West Virginia Judiciary, "Intermediate Court of Appeals," accessed April 17, 2025
- ↑ West Virginia Judiciary, "Family Courts," accessed September 25, 2014
- ↑ West Virginia Judiciary, "Magistrate Courts," accessed September 25, 2014
- ↑ West Virginia Code, §8-10-2. Municipal court for municipalities. accessed April 17, 2025
- ↑ American Judicature Society, "History of Reform Efforts: West Virginia," archived October 3, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
