New court of appeals not likely to advance
by admin on 18/02/10 at 7:21 am
The Register-Herald
By Mannix Porterfield
February 18, 2010
CHARLESTON — Senate Judiciary Chairman Jeffrey Kessler is suffering no illusions about seeing an intermediate court of appeals ready for business by spring time.
Fact is, shortly after his bill was introduced, Kessler voiced doubts it would clear the two chambers before this session ends March 13.
“I’m not unrealistic as to whether or not the bill is going to fly out of here in the next 26 days and become law by the end of the year,” Kessler, D-Marshall, said.
“I think it will certainly give us a vehicle to have some debate on the subject.”
Kessler’s measure follows the recommendation of a special commission on judicial reform that Gov. Joe Manchin formed last year.
Kessler noted his proposed mid-level court would have to pass through two committees apiece in both the Senate and House of Delegates, and time likely is too short.
“I know the (Supreme) court is aggressively pursuing rules that they think will be a fix to the complaint that we don’t have sufficient opinions written on cases that are turned down and an explanation as to why,” he said.
“In the next six months, we’ll see what they come up with.”
Kessler said he has done as much as possible to get the legislation out.
