Chief Justice’s comments spark outcry
by admin on 04/02/10 at 7:46 am
The West Virginia Record
By John O’Brien
February 4, 2010
CHARLESTON – Groups are reacting to West Virginia Supreme Court Chief Justice Robin Davis’ recently commenting that the state has no need for an intermediate appellate court.
The idea was encouraged in a report released last year by the Independent Commission on Judicial Reform, a group created by Gov. Joe Manchin that featured former U.S. Supreme Court Justice Sandra Day O’Connor.
Davis told the state Senate and House judiciary committees Monday that adding another appellate level would slow the appeals process further. She also cited cost as a factor.
“(T)o those who argue that West Virginia can’t afford to establish and operate an intermediate level appeals court, I’d politely respond that the state can’t afford not to do so,” said Tiger Joyce, president of the American Tort Reform Association.
“Establishing such a court would send an unmistakable signal to business leaders that the state will give them a fair shake. Such a court would more than pay for itself in fairly short order as more companies, large and small, expanded in or relocated to the Mountain State.
“Tax revenues would grow and state policymakers would then have the wherewithal to make other wise investments in the future of the state’s workers and families.”
The ATRA routinely picks the entire state as a “Judicial Hellhole” in its annual report, giving it the top spot in 2008.
The West Virginia Chamber of Commerce’s policy statement says West Virginia is the only state that does not provide an appeal of right in any case, and the Court accepts 27 percent of all civil judgments from the lower courts.
When asked during her testimony about that, Davis referred to her earlier comments that any party in any case under the state Constitution has an absolute right to appeal a case, and that the Chamber’s statement “is flat-out wrong.”
“Somebody needs to re-write the policy statement,” she said, “If anybody with the caliber of lawyers that business has and the Chamber has to make such a broad assertion is just almost inexcusable.”
West Virginia Citizens Against Lawsuit Abuse executive director Richie Heath said there is a significant difference between the right to file an appeal and the right to file appeal on the merits.
The Court may accept appeals of circuit court decisions, or decline them without explanation.
