Examine Court Plan Carefully
by admin on 19/11/09 at 7:27 am
The Intelligencer
November 19, 2009
One of the recommendations made by a special commission set up to examine West Virginia’s court system is puzzling in some ways. It is that the state should establish an intermediate-level appeals court.
Gov. Joe Manchin established the Independent Commission on Judicial Reform earlier this year. It released a set of recommendations a few days ago.
Commission members have recommended that the state establish a new “intermediate appellate court.” Commission members explained that the court could ease the workload – the highest of any state’s top appeals court in the nation – of the West Virginia Supreme Court.
Under the current system, West Virginia has just one appellate court, the state Supreme Court. Cases appealed from circuit courts go directly to the highest bench in the state.
Under the commission’s recommendation, that would continue. But the Supreme Court could, if justices choose, order that the new intermediate court hear certain appeals.
As is the practice elsewhere, however, those losing appeals at the intermediate level could insist on proceeding to the Supreme Court.
Frankly, we wonder how much that would ease the Supreme Court’s workload. We also wonder why the commission, having decided elections would be best for circuit judges and Supreme Court justices, specified that judges for the intermediate court should be appointed.
