WV Legislature considers intermediate appellate court despite decreasing state appeals
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February 14, 2012
Charleston, West Virginia: The West Virginia Legislature is currently considering a few bills which would establish an intermediate appellate court for the state, a policy which is receiving mixed reviews from trial lawyers and judges. While several bills exist, the two major bills would either create an intermediate appellate court from panels of existing judges or establish an alternative court that the West Virginia Supreme Court could direct cases to. Richie Heath, executive director of West Virginia Citizens Against Lawsuit Abuse, has strongly advocated for the new court, claiming, "The last three states that created an intermediate appeals court — Utah, Nebraska and Mississippi —we still outpace them in terms of filings. Our Supreme Court is one of the busiest appellate courts in the nation with the exception of Nevada, which is actively pushing for an intermediate court based on numbers similar to our own." However, the proposal has come under severe criticism due to the decreasing numbers of appeals filed in the state, which is down by 56% since 2007. Others like Delegate Jim Morgan, D-Cabell, have expressed concern that an intermediate court would further delay final decision timing. The legislature has yet to act on any of the bills currently in committee.[1]
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