Judiciary panel OKs appeals court plan
by admin on 26/02/10 at 8:54 am
The Register-Herald
By Mannix Porterfield
February 25, 2010
CHARLESTON — A proposed intermediate court of appeals, assuring every West Virginian a day before the bench, cleared the Senate Judiciary Committee after a lengthy explanation Thursday.
While the Supreme Court has disparaged the idea as unneeded, the Senate panel moved ahead, at least to get the debate started.
Earlier, Chairman Jeffrey Kessler, D-Marshall, voiced doubts the bill would be enacted this session.
But by getting the measure out, he hoped to get some serious conversation going on the idea.
Before exiting his panel, Sen. Richard Browning, D-Wyoming, altered the bill so that electronic filing is allowed.
Majority Leader Truman Chafin, D-Mingo, a practicing attorney, pointed out the proposed new court could handle up to 2,500 cases a year, contrasted with 1,000 averaged by the Supreme Court.
“They can’t do it,” he said. “One of the things that needs to be done, we’ve got to get up to date on electronic reporting.”
Judiciary committee counsel Rita Pauley explained the intent is to start with three judges, but the number could double if interest is there.
If that occurs, she said, there would be a northern and southern district court.
The court could hear appeals from all orders by circuit courts in civil and criminal matters, but wouldn’t sustain original jurisdiction.
Appeals would be filed within 60 days, with a response due in one month and all decisions to be made in six months, but there may be times when further briefs or filings are required, she pointed out.
