Senate Committee Scraps Intermediate Court Bill
by admin on 03/03/10 at 8:28 am
MetroNews
March 2, 2010
Legislation that supporters said would improve the state’s business climate by guaranteeing an automatic right of appeal died Tuesday. The Senate Finance Committee on a voice vote rejected a bill that would have established an intermediate court of appeals in West Virginia.
The decision is a victory for the West Virginia Supreme Court which opposed the creation of a new court. The High Court is currently revising its rules to improve the appeal process. Bill supporters, including business organizations, are disappointed with the bill’s failure. They believe the courts need to give appeals a more thorough review.
Sen. Jesse Guills, R-Greenbrier, pushed for the defeat of the bill. Guills said he believes the business organizations have a point, but he wants to give the High Court a chance to make changes before the legislature gets involved. “We’ve been given assurances by Supreme Court Justice (Robin) Davis that the Supreme Court is going to give this serious consideration and I think that opportunity should be given,” Guills said.
Senator Brooks McCabe, D-Kanawha, argued in support of the bill. McCabe believes the fact that the state does not have an automatic right to appeal is bad for business “I think the state needs to be able to assure the business community–and really the public at large, whether it’s civil or criminal–that you really do have an honest right to appeal,” McCabe said.
