Get involved in appellate changes
by admin on 10/06/10 at 5:56 am
The Herald-Dispatch
June 10, 2010
The West Virginia Supreme Court recently announced a much-needed overhaul of the state’s appellate rules — a proposal that will substantially affect the legal rights of all West Virginians.
The last major changes to West Virginia’s appeals process took place more than three decades ago. Since that time, our state’s legal standards have fallen far outside the legal mainstream.
West Virginia is currently the only state in the nation with a 100 percent discretionary appeals process — meaning that state residents have no actual right to an appeal. We are also in the minority of states that do not have an intermediate appeals court to provide an extra layer of judicial review. Legal reform panels have recommended changes to the state’s appeals process for years.
The Supreme Court’s proposed rules (which can be viewed at http://www.state.wv.us/wvsca/rules/appellate-revisions.htm) attempt to remedy identified problems, in part, by providing at the very least an abbreviated decision on the merits in all future appeals. And with a two-week series of public education seminars on the suggested rule changes complete, the public now has an opportunity to be heard. Members of the public can submit written comments or concerns to the court until July 19.
